HomeMy WebLinkAbout2025-03-17 I01G_05 Professional Consulting Services Agreement_Comprehensive Plan Update AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: March 17, 2025
AGENDA ITEM: Consideration of approval of a resolution approving Agreement for
Professional Services with HKGi [Waukee Comprehensive Plan Update]
FORMAT: Resolution
SYNOPSIS INCLUDING PRO & CON: The current comprehensive plan, Imagine Waukee
2040, was approved by the Waukee City Council in April 2019. As part
of the City’s strategic planning goals for this current fiscal year, the City
Council identified that an update to our current comprehensive plan is
necessary to reflect the changes that have occurred within our
community since the last update. The current comprehensive plan is still
a valuable plan but does need updates to reflect several of the planning
efforts the City has undertaken since 2019.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: The agreement includes
an amount not to exceed $110,000 for the update. Funds are available in
the current fiscal year to pay for work that will begin in FY ’25. The
remaining balance will be covered by the $75,000 budgeted in FY ’26.
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: The proposed timeline for completion is approximately
13 months. HKGI is ready to begin work on the plan on April 1, 2025.
RECOMMENDATION: Staff recommends approval of the resolution.
ATTACHMENTS: I. Proposed Resolution
II. Professional Services Agreement
PREPARED BY: Andy Kass, Community Development Director
I1G5
THE CITY OF WAUKEE, IOWA
RESOLUTION 25-
APPROVING AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES BETWEEN
THE CITY OF WAUKEE AND HKGi [WAUKEE COMPREHENSIVE PLAN UPDATE]
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 Waukee City Council has established as a priority an update to the Waukee
Comprehensive Plan which was last completed in 2019; AND ,
WHEREAS, City staff recommends retaining the services of HKGi, for Professional Planning
Services; AND,
WHEREAS, the professional services agreement has been reviewed and approved by the Waukee City
Attorney.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee that the
Agreement for Professional Consulting Services between the City of Waukee and HKGi, [Waukee
Comprehensive Plan Update], attached hereto as Exhibit A, is hereby approved.
Passed by the City Council of the City of Waukee, Iowa, and approved the 17th day of March 2025.
____________________________
Courtney Clarke, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
R. Charles Bottenberg
Chris Crone
Rob Grove
Anna Bergman Pierce
Ben Sinclair
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AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES
This Agreement is made and entered into this 17th day of March, 2025, by and between City of
Waukee, a municipal corporation, hereinafter referred to as "City," and HKGi 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 $110,000, including any authorized reimbursable expenses, pursuant to the
Schedule of Fees set forth in Attachment 3.
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.
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.
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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
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.
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FOR THE CITY: FOR THE CONSULTANT:
Name: City of Waukee Name: HKGi
Attn: Brad Deets Attn: Brad Scheib
Title: City Administrator Title: Vice-President
Address: 230 W. Hickman Road Address: 800 Washington Ave, Suite 207
City, State: Waukee, IA 50263 City, State: Minneapolis, MN 55401
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
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.
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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
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
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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.
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
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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.
20. SEVERABILITY
If any portion of this Agreement is held invalid or unenforceable by a court of competent
jurisdiction, the remaining portions of this Agreement shall continue in full force and effect.
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21. MISCELLANEOUS HEADINGS
Title to articles, paragraphs, and subparagraphs are for information purposes only and shall
not be considered a substantive part of this Agreement.
22. FURTHER ASSURANCES
Each party hereby agrees to execute and deliver such additional instruments and documents
and to take all such other action as the other party may reasonably request from time to time
in order to effect the provisions and purposes of this Agreement.
23. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall
constitute an original document, no other counterpart needing to be produced, and all of
which when taken together shall constitute the same instrument.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly
authorized officers or agents on the day and year first above written.
CONSULTANT CITY OF WAUKEE
By: By: __________________________
Name: Rita Trapp Courtney Clarke, Mayor
Title: Vice-President
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ATTACHMENT 1
SCOPE OF SERVICES
HKGi has developed the following work scope to guide its team, City Staff, elected/appointed officials,
and the community through a process to update the current Comprehensive Plan. As the City’s zoning
and subdivision codes also needs an update, the comprehensive planning process outlined below
includes a few tasks that will assist in identifying and framing needed updates to the code. The zoning
and subdivision code update process is proposed to occur as one of the first implementation actions
from the Comprehensive Plan.
Task 0 – Project Management
HKGi is committed to creating a plan that is of the highest quality and meets the needs of the
community today and into the future. The Project Management task is intended to frame activities that
will ensure success over the duration of the project.
Subtasks
1. Kick-off meeting with City Staff to finalize the work plan, confirm the schedule, and finalize
community engagement outreach timing and methods
2. Bi-weekly coordination meetings with City Staff
3. Monthly invoices with progress reports
Deliverables
• Final work plan with schedule, key milestones, and community engagement framework
• Bi-weekly coordination meetings with staff
• Project status updates
Task 1 – Build an Understanding
While the plan is not a complete rewrite, the community has changed since the last plan was adopted.
Task 2 will focus on developing an understanding of the community’s existing context and gathering
input on community needs and vision. In addition to updating base mapping and demographics, the
planning process will include a comprehensive plan audit and community outreach to confirm
community needs and the relevance of the existing plan vision and guiding principles.
Subtasks
1. Prepare base mapping
2. Update demographic, housing, and economic profile to create an up-to-date state of city profile
3. Review recently adopted plans and studies and any concepts the City has received for growth
areas. These includes, but are not limited to the Northwest Neighborhood Plan, Sustainability
Plan, current concepts for the Civic Campus, 2023 Major Streets Plan and Trails Master Plan.
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4. Conduct a Comprehensive Plan audit with City Staff to understand what has worked well, what
did not work well, and what is still relevant from the current Comprehensive Plan. Also revisit
the vision and guiding principles to ensure their continued relevance. Topics to be addressed in
the audit include:
a. What where the contributing factors to successes…or failures?
b. What lessons could we learn from?
c. What were the barriers or obstacles that prevented us from realizing desired results?
d. What unanticipated events occurred over the last five years? Did the plan help the City
prepare for these or manage these? Are there areas that should be more fully explored
to better help the City address unanticipated events?
e. What parts are outdated and need updates?
5. Conduct a general review of the zoning and subdivision codes to understand the general zoning
district framework and identify potential policy discussions that should occur during the
Comprehensive Planning process
6. Create a website for the Comprehensive Plan and use Social Pinpoint to gather general input
from the broader community and to confirm the vision and guiding principles
7. Conduct a two-day visit to the community to achieve the following:
a. Tour of the community with a focus on growth or change areas
b. Conduct listening sessions, particularly focused on growth or change areas, or emerging
topical areas (potential attendees could include individual property owners (within
growth or change areas), developer/builders, school representatives, and chamber)
c. Meet with the Planning and Zoning Commission in person to review Task 2 findings
8. Prepare Task 2 findings summary for the City Council
Deliverables
• GIS map package of existing conditions and systems
• State of the City summary (demographics, housing, and economic profile)
• Summary of notable elements of recently adopted plans and studies
• Technical Memorandum summarizing the comprehensive plan audit findings
• Technical Memorandum summarizing findings of the zoning and subdivision code review
• Comprehensive Plan website
• Social Pinpoint
• Materials for presentation to the Planning and Zoning Commission
• Preparations and summary notes from two-day community visit
• Task 2 findings summary for the City Council
Task 2 – Exploration of Ideas and Directions
Using the foundation and input from Task 1, HKGi will work collaboratively with City Staff to explore
potential growth scenarios and policy directions. The ideas and directions developed will be discussed
with stakeholders and shared with the community.
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Subtasks
1. Collaborate with City Staff on policies and strategies to support housing diversity and
affordability
2. Evaluate with City Staff how existing small area plans should be incorporated into the
Comprehensive Plan update and if any new goals and policies are needed
3. Explore growth area scenarios building off input from Task 2. The exploration will consider land
uses, development patterns, infrastructure capacities, and system components (parks, trails,
greenways, roads, etc.)
4. Explore land use, policies, and strategies to support the Downtown Triangle and any
redevelopment nodes
5. Discuss with City Staff opportunities to build on the direction from the Sustainability Plan
6. Explore ideas and strategies for enhancing mobility options within the City of Waukee and
connections to the region that go beyond the private automobile.
7. Identify updates to goals and policies within each chapter of the existing Comprehensive Plan
8. Conduct a Joint Meeting with the City Council and Planning and Zoning Commission to present
and refined the concepts and draft policy directions for the Comprehensive Plan.
9. Conduct up to three meetings with stakeholders to solicit input on concepts. Provide materials
to the City to facilitate additional City Staff outreach if desired.
Deliverables
• Draft list of policies and strategies to support housing diversity and affordability
• Summary of recommended approach for incorporation of small area plans into the
Comprehensive Plan Update
• Bubble diagram level land use concepts for key growth areas (illustrating road pattern, block
pattern, park concepts, open space network, and bike/ped connectivity)
• Technical memorandum documenting key metrics and assumptions of growth area land use
concepts (area calculations, development magnitude projections, infrastructure impacts, etc.)
• Summary of recommended approach to integrate sustainability in the comprehensive plan
• Summary of recommended approaches for enhancing mobility options
• Outline of key changes related to goals and policies sorted by topic/chapter area
• Materials for presentation at a Joint Meeting
• Materials for stakeholder meetings
Task 3 Identify and Prioritize Actions
Guiding implementation is one of the most important elements of the Comprehensive Plan. Using the
comprehensive plan audit as a guide, the focus of Task 3 will be to update the exiting components of the
Implementation chapter that have been working for the City and create new tools as needed to support
short-, medium-, and long-term implementation of the plan. This task will also involve identifying
needed areas of change in the zoning and subdivision codes to support implementation.
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Subtasks
1. Update the existing plan implementation matrix to reflect the land use and policy direction in
the plan areas
2. Identify updates needed to the zoning and subdivision codes to implement the Comprehensive
Plan Update
3. Conduct a Joint Meeting of the City Council and Planning and Zoning Commission to refine and
prioritize strategies
Deliverables
• Updated implementation matrix
• Summary of recommended updates to the zoning and subdivision codes to implement the
Comprehensive Plan Update
• Materials for presentation to the Planning and Zoning Commission and City Council
Task 4 Prepare the Updated Plan
The updated Comprehensive Plan will be prepared based on Tasks 2 and 3. The plan will include maps,
sketches, and diagrams to allow people to fully understand the direction established by the plan. The
draft plan will be refined based on feedback from City Staff, the Planning and Zoning Commission, the
City Council, and the public.
Subtasks
1. Assemble a full draft plan in collaboration with City Staff
2. Present the draft plan to the Planning and Zoning Commission and the City Council for input
3. Prepare draft 2 of the plan
4. Post the draft plan online (Konveio) to solicit input from the community
5. Summarize public comments and plan changes
Deliverables
• Draft 1 of the plan
• Draft 2 of the plan
• Materials for presentation to Planning and Zoning Commission and City Council
• Virtual posting of the plan for community input
• Summary of public comments and plan changes
Task 5 Adoption
The final task focuses on seeking approval and finalizing the Comprehensive Plan.
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Subtasks
1. Prepare public hearing and approval draft of the plan
2. Facilitate a Planning and Zoning Commission public hearing
3. Facilitate City Council consideration of the final plan
4. Prepare the final package of comprehensive plan
Deliverables
• Public hearing draft of the Comprehensive Plan
• Final Comprehensive Plan
• Materials for presentation to Planning and Zoning Commission and City Council
• All files in digital format for future use
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ATTACHMENT 2
PROJECT SCHEDULE
The time of completion of the scope of services under this Agreement shall be as follows:
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ATTACHMENT 3
SCHEDULE OF FEES
CONSULTANT’S 2025 STANDARD HOURLY RATE SCHEDULE
Rates by Professional Category
Principal ............................................................ $200-290/hr
Associate .......................................................... $145-200/hr
Senior Professional .......................................... $110–160/hr
Professional II ..................................................... $90-135/hr
Professional I ....................................................... $50–90/hr
Technical ............................................................... $50-90/hr
Litigation Services ............................................ $250-350/hr
Testimony ......................................................... $275-375/hr
Incidental Expenses
Mileage ........................................... current federal rate/mile
Photocopying BW .................................................... 5¢/page
Photocopying Color ............................................... 25¢/page
Outside Printing ................................................. Actual Cost
Large Format Scanning ..................................... Actual Cost
Lodging and meals ........................................... Actual Cost