City of Piedmont
COUNCIL AGENDA REPORT
DATE: September 18, 2023
TO: Mayor and Council
FROM: Rosanna Bayon Moore, City Administrator
SUBJECT: Consideration of an Amendment to the City’s Agreement with COAR Design Group for Civil Engineering Design Services for the Dispatch Center Remodel Project and Approval of an Amended Overall Budget for the Contract
RECOMMENDATION
By a single motion, take the following actions with regard to the proposed amendment to the City’s agreement with COAR Design Group for Civil Engineering Design Services for the Dispatch Center Remodel Project:
1. Approve the proposed First Amendment to the City’s agreement with COAR Design Group for Civil Engineering Design Services for the Dispatch Center Remodel Project, reflecting a $41,500 increase to the originally approved budget of $296,555, bringing the total overall budget to $338,055.00.
2. Authorize the City Administrator to spend up to the amended amount of $338,055.00.
BACKGROUND
On September 6, 2022, Council awarded an agreement to COAR Design Group (COAR) to provide Architecture and Engineering Design Services for the Piedmont Dispatch Center Project.
The approved Scope of Work in that agreement focused on the interior of the existing Police Department Building and the existing Emergency Operations Center (EOC) but did not include survey or professional design services for improvements on the exterior of these existing structures. Design has progressed as schedule and COAR has provided an initial submittal to the City for review and plan check. During this review, items have been identified that necessitate work to be performed in the exterior areas. These items include the following:
• Exterior topographic survey
• Design services to accommodate Americans with Disabilities Act (ADA) compliance for entering the newly remodeled building entrance
• Design services for Fire Code compliance to ensure emergency egress from a secured second exit from the proposed dispatch center
• Design services to install the proposed emergency back-up generator and electrical panel outside of the existing Police Department fence line in a manner that minimizes the impact on existing operations
All of these items have been identified by staff as necessary for code compliance and as critical for maintaining operational efficiently.
FISCAL CONSIDERATIONS
The not to exceed fee for this amendment for COAR Design Group is $41,500, for a total not to exceed contract amount of $338,055. The total project budget of $3,881,000 originally included a $30,000 design contingency, and that total project budget remains unchanged at this time. An updated, total project budget will be provided to Council prior to the release of bid documents.
Funding for this project has been allocated in the Capital Improvement Program (Project Number FAC004) and will be funded from a combination of American Rescue Plan Act (ARPA) Funds and General Funds.
CITY ATTORNEY REVIEW
The City Attorney has reviewed the staff report and contract amendment.
ATTACHMENTS
1. Amendment with COAR Design Group
2. Original Agreement with COAR Design Group
By: Daniel Gonzales, Public Works Director
Agenda Report Page 2
FIRST AMENDMENT TO CONTRACT
This First Amendment to Contract (“Amendment”) is made and entered into on September 18, 2023 (the “Effective Date”) by and between the City of Piedmont, a California municipal corporation (“City”), and COAR Design Group. (“Independent Contractor”).
R E C I T A L S
A. City and Independent Contractor entered into a Contract, dated September 6, 2022 (“Original Contract” and, together with this Amendment, “Contract”), under which Independent Contractor provides certain project management, owner’s representative, and other services to the City in connection with the City’s Dispatch Center Remodel Project (“Project”).
B. The parties now wish to amend the Original Contract to add additional services to the scope of work, as described in Exhibit A attached hereto and incorporated herein, and to increase the total not-to-exceed (“NTE”) amount by $41,500.00, reflecting a total contract amount of $338,055.00.
C. All capitalized terms not otherwise defined in this Amendment shall have the respective meanings provided in the Original Contract.
A G R E M E N T
NOW, THEREFORE, the parties hereto agree as follows:
1. The parties agree that the Recitals set forth above are true and correct and are incorporated herein.
2. The parties agree to add additional Services to the Original Contract, described in Exhibit A to this First Amendment, attached hereto and incorporated herein, which additional Services shall be incorporated in Section 3 of the Original Contract.
3. Section 4 of the Original Contract shall be revised to read as follows: “City will pay Independent Contractor on a time and material basis a not-to-exceed fee of $338.055.00 for the Services described in Section 3 above. City shall issue payment within 30 days of the satisfactory completion of the Services described in Section 3 above.”
4. Unless explicitly amended by this Amendment, all terms and provisions of the Contract shall remain in full force and effect.
[Signature Page Follows]
Attachment 1 Agenda Report Page 3
2 CONSULTANT CITY
COAR DESIGN GROUP CITY OF PIEDMONT, a California municipal corporation
By: ____________________________ By:
[Title] Jennifer Cavenaugh, Mayor
ATTEST:
Sheri Hartz, Interim City Clerk
APPROVED AS TO FORM:
Michelle Marchetta Kenyon, City Attorney
Deepa Sharma, Assistant City Attorney
Attachment 1 Agenda Report Page 4
July 26, 2023
200 E Street, Santa Rosa, CA 95404
www.coargroup.com
Jeremy Bowers, Police Chief
City of Piedmont
120 Vista Avenue
Piedmont, CA 94611
RE: Architectural Services – Piedmont Police and Fire Dispatch Center Add Civil Scope Proposal
Dear Chief Bowers,
In accordance with your request, I am pleased to offer this add services proposal to provide civil engineering services for the proposed modifications to the Dispatch Center. These engineering services were not included in our original scope of work based on the assumption that the improvements were not anticipated to expand the building footprint. Given the relocation of the generator and electrical switchgear, as well as the required exterior accessibility improvements, we now need to engage our civil engineer to complete this work.
Scope includes additional architectural coordination and detailing to support these improvements as well.
We are proposing to offer the following scope of services for the project:
1. Research/Record Plan Review
2. Base Map Preparation
3. Determine topographic survey needs and provide supplemental topographic survey for the specific areas of work. At this time we are not proposing to survey the entire site but limited to the areas noted on the attachment.
4. Schematic Grading and Drainage/Improvement Plan (entire scope of work)
5. Design Development
a. Grading and Drainage/Improvement Plans
b. Retaining Wall Design
6. Construction Documents/Permitting
a. Technical Specifications
b. Meetings and Coordination
c. Comment Review/Responses
Attachment 1 Agenda Report Page 5
Piedmont Police and Fire Dispatch Center Add Civil Scope Proposal July 26, 2023
200 E Street, Santa Rosa, CA 95404
www.coargroup.com
d. Building Dept Plan Set
i. General Civil Notes
ii. Details, Site Sections, Typical Sections
iii. Existing Conditions Plan / Demolition Plan
iv. Grading and Drainage Plan
v. Erosion Control Plans
vi. Horizontal and Vertical Control
7. Construction Administration
a. Bidding Support
b. Construction Support
c. Record/As Built Plans
ADDITIONAL SERVICES TO BE PROVIDED ON AN HOURLY BASIS
The following items are not included in the current Basic Services, and will be provided as additional services only after written authorization is received.
Unless a subsequent fixed fee proposal is provided, the work will be done on an hourly basis per the Hourly Rates.
Additional Services not included in our basic scope of work include:
1. Off-site Improvements, Work/Design in Public-Right-of-Way
2. Grading Permit or separate Civil Plan Package separate from Building Department submittal
3. Storm Water Control Plan (new or replaced impervious area less than
4. 2,500-sf).
5. New utility services (including fire sprinkler main). All existing water, sewer and storm drain infrastructure is assumed to be adequate.
6. Traffic studies and traffic engineering.
7. Preparation of Boundary Surveys, ALTA Surveys, Title Reports, Deeds, Plats or Easement documents, construction staking or other documents in conjunction with the project site or Right-Of-Way.
Attachment 1 Agenda Report Page 6
Piedmont Police and Fire Dispatch Center Add Civil Scope Proposal July 26, 2023
200 E Street, Santa Rosa, CA 95404
www.coargroup.com
We propose to provide the stated additional services for a fixed fee broken down as noted below.
Topographic Survey $ 7,000.00
Schematic Design/CUP Permitting Phase $ 7,500.00
Design Development Phase $ 10,000.00
Construction Documents Phase $ 12,000.00
Construction Administration Phase $ 5,000.00
Total $ 41,500.00
From Notice to Proceed we anticipate topo taking 3 weeks to get scheduled and another 2-4 weeks for delivery before we can start the design work, so getting authorization quickly is important to maintaining the schedule for the project.
We appreciate the opportunity to present this proposal. Please advise if we are authorized to proceed with this work. If you have any questions regarding this scope of work please do not hesitate to contact me at (619) 504-0984.
Respectfully,
Jeff Katz, AIA
Principal
Attachment 1 Agenda Report Page 7
July 25, 2023
PIEDMONT DISPATCH CENTER MODERNIZATION Page 3 of 7
Client Initials _____
C I V I L E N G I N E E R I N G | S T O R M W A T E R | D E S I G N - B U I L D | S I T E B I M 4909 Murphy Canyon Road, STE 330, San Diego, CA 92123 | P. 619.535.0602 | F. 866.579.6415 www.DelaneEngineering.com | [email protected]
EXHIBIT A1 - LIMIT OF WORK
EXCLUSIONS
Consulting services relating to any of the following tasks may be completed by Consultant if negotiated under a separate contract for an additional fee; but are presently specifically excluded from this Agreement:
1. Work beyond anticipated limits of work identified in Exhibit “A1”.
2. Site Visit (we will rely upon information from topographic survey and photos provided by surveyor and client)
3. Boundary Mapping (property lines to be approximated from APN maps)
4. Discretionary Permit, Use Permit
5. Grading Permit or separate Civil Plan Package (all plans to be used by Architect in building permit package)
6. Right-of-Way Permit
7. Permit Processing
8. Phased Plans
9. Existing Utility Locating, Markout, or Potholing. Recommendations may be provided for consideration by the builder and owner. Note that additional investigative information obtained during the permit process may cause for redesign and is Attachment 1 Agenda Report Page 8
C I V I L E N G I N E E R I N G | S U R V E Y | D E S I G N - B U I L D | S I T E B I M 4909 Murphy Canyon Road, STE 330, San Diego, CA 92123 | P. 619.535.0602 | F. 866.579.6415 www.DelaneEngineering.com | [email protected]
July 25, 2023
JEFF KATZ, AIA
PRINCICPAL
COAR DESIGN GROUP
9640 Granite Ridge Dr, Suite 130
San Diego, CA 92123
Subject: Proposal for Professional Engineering Services
PIEDMONT DISPATCH CENTER MODERNIZATION
Dear Jeff:
DELANE ENGINEERING is pleased to provide this proposal for completing the Professional Engineering Services for the modernization of the Piedmont Dispatch Center. This proposal includes the services related to limited improvements, consisting of ADA path from main entrance to public ROW and new generator pad.
Enclosed are our proposed Scope of Services, Exhibit “A”, and Compensation, Exhibit “B”. If this proposal is acceptable, please initial each sheet and sign the provided contract.
Sincerely,
John Prince, PE, QSD
Project Manager
Attachment 1 Agenda Report Page 9
July 25, 2023
PIEDMONT DISPATCH CENTER MODERNIZATION Page 2 of 7
Client Initials _____
C I V I L E N G I N E E R I N G | S T O R M W A T E R | D E S I G N - B U I L D | S I T E B I M 4909 Murphy Canyon Road, STE 330, San Diego, CA 92123 | P. 619.535.0602 | F. 866.579.6415 www.DelaneEngineering.com | [email protected]
EXHIBIT “A”
SCOPE OF SERVICES
DELANE ENGINEERING, INC. (“Consultant” or “DELANE”) agrees to perform the following Scope of Services for the above-mentioned project. In performing its services hereunder, Consultant has received information prepared or compiled by others, the accuracy and completeness of which Consultant is entitled to rely upon without independent evaluation or verification.
1. Schematic Design
a. Topographic Survey (limited, per Exhibit A1)
b. Record Plan Review
c. Base Map Preparation
d. Schematic Improvement Plan (sketch on Arch Site Plan) i. Limited to ADA path from main entrance to public ROW and grading for generator pad
e. Meetings and Coordination (virtual/email/phone only) f. Comment Review/Responses
2. Design Development
a. Preliminary Improvement Plan
i. Limited to ADA path from main entrance to public ROW and grading for generator pad
b. Meetings and Coordination (virtual/email/phone only) c. Comment Review/Responses
3. Construction Documents/Permitting
a. Technical Specifications (CSI 6-digit/Greenbook)
b. Meetings and Coordination (virtual/email/phone only) c. Comment Review/Responses
d. Building Dept Plan Set (package/processing by others) i. General Civil Notes
ii. Details, Typical Sections
iii. Improvement Plan
1. Limited to ADA path from main entrance to public ROW and grading for generator pad
iv. Horizontal and Vertical Control
4. Construction Administration
a. Bidding Support
b. Construction Support
c. Record Plans (excludes field verification)
Excludes in-person site visits or meetings
Attachment 1 Agenda Report Page 10
July 25, 2023
PIEDMONT DISPATCH CENTER MODERNIZATION Page 3 of 7
Client Initials _____
C I V I L E N G I N E E R I N G | S T O R M W A T E R | D E S I G N - B U I L D | S I T E B I M 4909 Murphy Canyon Road, STE 330, San Diego, CA 92123 | P. 619.535.0602 | F. 866.579.6415 www.DelaneEngineering.com | [email protected]
EXHIBIT A1 - LIMIT OF WORK
EXCLUSIONS
Consulting services relating to any of the following tasks may be completed by Consultant if negotiated under a separate contract for an additional fee; but are presently specifically excluded from this Agreement:
1. Work beyond anticipated limits of work identified in Exhibit “A1”.
2. Site Visit (we will rely upon information from topographic survey and photos provided by surveyor and client)
3. Boundary Mapping (property lines to be approximated from APN maps)
4. Discretionary Permit, Use Permit
5. Grading Permit or separate Civil Plan Package (all plans to be used by Architect in building permit package)
6. Right-of-Way Permit
7. Permit Processing
8. Phased Plans
9. Existing Utility Locating, Markout, or Potholing. Recommendations may be provided for consideration by the builder and owner. Note that additional investigative information obtained during the permit process may cause for redesign and is Attachment 1 Agenda Report Page 11
July 25, 2023
PIEDMONT DISPATCH CENTER MODERNIZATION Page 4 of 7
Client Initials _____
C I V I L E N G I N E E R I N G | S T O R M W A T E R | D E S I G N - B U I L D | S I T E B I M 4909 Murphy Canyon Road, STE 330, San Diego, CA 92123 | P. 619.535.0602 | F. 866.579.6415 www.DelaneEngineering.com | [email protected]
dependent of when the information is received. Management of the process and data collection surveys can be provided by an additional fee.
10. PDP Storm Water Quality Management Plan (SWQMP) (impervious area less than 5,000-sf or exempt/ADA), Structural BMP Design.
11. Storm Water Quality Management (“treatment” for entire property (assumed project does not trigger “50% rule”)
12. Storm Water Reuse/pump design
13. Analysis or BMP Design for Public Improvements
14. Drainage Study, Design for Detention Basins
15. Hydromodification (assumed exempt)
16. Channel Susceptibility Assessment
17. Storm Water Pollution Control Plan (SWPPP) or NOI (disturbance less than one-acre)
18. Water Pollution Control Plan (WPCP)
19. QSP/QSD Services during construction
20. Off-site Improvements, Work/Design in Public-Right-of-Way
21. Study or design of offsite storm drain alignments are excluded
22. Street Light Plans
23. Separate Street Plans
24. Signing and Striping Plans
25. Demolition Plans
26. Cost Estimates
27. CASp Report. Detailed Site Investigation identifying Accessibility Deficiencies.
28. Site Plan/Site Plan Development/Parking Lot Design – to be provide by Client/Architect
29. Determination of ADA Path of Travel
30. On-site signing and striping plans
31. Fence, Gate, Perimeter, and/or Retaining Wall Design
32. Landscape and Irrigation Design
33. Pedestrian pavement specialty detailing (joint/score patterns, color, material, horizontal control, as assumed to be provided by landscape architect)
34. Structural Engineering and Retaining Wall Profiles excluded. It is assumed that the building structural engineer will perform any structural calculations and details needed for the site, including retaining wall subdrains.
35. Alternatives analyses
36. Design Development Plans or Studies
37. Design development ends at the end of the DD phase. Comments from the DD phase will be incorporated into the production of the grading and building permit sets. Any significant changes to the architects site plan or program, including Value Engineering, may require redesign for additional fee.
38. Design for Utility Relocations
39. Proposed water, fire, or sewer design
40. Redesign associated with Existing Utilities in Conflict with Proposed Improvements
41. Dry Utility Consultation
42. Coordination or permitting with SDG&E is excluded. Relocations needed will be identified for the contractor to coordinate with the proper utility companies. Power for traffic signals or lights to be provide by others.
43. Fire Access Site Plan
44. Fire Flow Test
45. Fire Sprinkler Design, building sprinkler demand and hydraulic calculations from main to building (to be provided by Fire Protection Engineer)
46. Separate Underground Fire Service Plans
47. Preparation of a Sewer and Water Study (and hydraulic calculations).
48. New utility services (all assumed to be of adequate capacity)
49. Utility Capacity Analysis/Hydraulic Analysis
50. Sewer or storm drain lift stations
51. Environmental Initial Study and Reports
52. Geotechnical Studies and Reports, Infiltration Testing
53. Noise Study
54. Vehicle Turning Analysis
55. Traffic Study
56. Traffic Control Plans
57. Regulatory Approvals and Permit Fees
58. Paying of fees, pulling permits, or scheduling inspections as required by permitting agencies
59. Collection or Review of Title Report or Title Company Fees
60. ALTA Survey
61. Construction Staking
62. Legal Descriptions & Exhibits
63. Monumentation or preservation
64. Post-construction inspection, re-setting destroyed monuments, filing of Corner Record, etc.
65. Right-of-Way Acquisition Exhibits, Mapping and Processing
66. Construction Administration or Construction Support
67. As-Built Plans or Record Drawings
68. Import/Export Haul Route
Attachment 1 Agenda Report Page 12
July 25, 2023
PIEDMONT DISPATCH CENTER MODERNIZATION Page 5 of 7
Client Initials _____
C I V I L E N G I N E E R I N G | S T O R M W A T E R | D E S I G N - B U I L D | S I T E B I M 4909 Murphy Canyon Road, STE 330, San Diego, CA 92123 | P. 619.535.0602 | F. 866.579.6415 www.DelaneEngineering.com | [email protected]
69. Governmental or Map Check Fees
70. Any other item not specifically included in the preceding Scope of Services.
CLIENT PROVIDED INFORMATION
The following is required before work can begin:
1. Client shall provide a current Title Report
2. Client shall provide available record documents/as-builts
3. Client shall provide a current soils report with recommendations for site.
4. Client shall provide previous project plans and files (CAD)
5. Client shall provide a site plan at least one week prior to submittal
CLIENT RESPONSIBILITIES
In performing its services, DELANE ENGINEERING has or will have received information prepared or compiled by others, the accuracy and completeness of which DELANE ENGINEERING is entitled to rely upon without independent evaluation or verifications. The following are the client responsibilities:
1. Client shall provide access to the Site.
2. Client shall provide any and all indemnification, abatement, disposal, or other actions required by local, state, or federal law regarding hazardous materials.
3. Client shall pay all governmental fees and costs.
4. Client (or contractor) to pay permit fees, pull permits, schedule inspections as required by permitting agencies
5. Client will require that any construction contractors will indemnify DELANE ENGINEERING from any and all losses, damages, claims, expenses, including attorney’s fees, and costs arising out of the contractor’s work, excepting losses, damages, claims, expenses including attorney’s fees, which are caused by the negligence or willful misconduct of DELANE ENGINEERING in performing its services. In addition, Client will have DELANE ENGINEERING added as an additional insured under contractor’s comprehensive general liability, and builder’s risk insurance coverage is required by the Client.
ADDITIONAL SERVICES
Services, which are not specifically identified herein as services to be performed by DELANE ENGINEERING or its consultants are considered “Additional Services” for purposes of this Agreement.
Client may request that DELANE ENGINEERING perform services, which are Additional Services; however, DELANE ENGINEERING is not obligated to perform such Additional Services unless an amendment to this Agreement has been fully executed setting forth the scope, schedule and fee for such Additional Services. In the event DELANE ENGINEERING performs Additional Services before receipt of such executed amendment, Client acknowledges its obligation to pay for such services at DELANE ENGINEERING’s standard rates, within 30 days of receipt of DELANE ENGINEERING’s invoice.
Attachment 1 Agenda Report Page 13
July 25, 2023
PIEDMONT DISPATCH CENTER MODERNIZATION Page 6 of 7
Client Initials _____
C I V I L E N G I N E E R I N G | S T O R M W A T E R | D E S I G N - B U I L D | S I T E B I M 4909 Murphy Canyon Road, STE 330, San Diego, CA 92123 | P. 619.535.0602 | F. 866.579.6415 www.DelaneEngineering.com | [email protected]
EXHIBIT “B”
COMPENSATION
We anticipate receiving a Notice to Proceed within one month of the date of this proposal and anticipate contract duration of 6 months. The fees proposed herein shall be valid for a period of 90 calendar days from the date of this Agreement. Client agrees to compensate Consultant for such services, monthly on a percentage of completion basis, plus reimbursable expenses, due 30 days net. Monthly billings will be made and will be based upon the estimated percentage of completion of each item of work as the billing closing date, as follows:
TASK DESCRIPTION FEE
TASK 1 SCHEMATIC DESIGN $10,000
TASK 2 DESIGN DEVELOPMENT $4,500
TASK 3 CONSTRUCTION DOCUMENTS $8,500
TASK 4 CONSTRUCTION ADMINISTRATION $3,500
TOTAL: $26,500
Reimbursable Expenses $0
Tasks not Required
Work Tasks included herein which end up not being needed will not be invoiced. Work Tasks shown herein which are not completed will be invoiced only for the percentage of work actually performed.
Estimated Hours
Tasks noted as “(T&M)” are based on estimated hours. In the event additional time is required to perform the tasks set forth in the Scope of Services, such increase will require written authorization from the Client. The Consultant is not required to render services without such written authorization and will not be responsible for any delays or liability resulting from consultant ceasing its services until additional fee is authorized.
Lump Sum Fixed Fee Tasks
Tasks are lump sum fixed fee unless otherwise noted. The fixed fee or not to exceed proposal amounts included herein are based upon generally accepted industry standards of the estimated hours and the level of efforts that would be reasonably expected or anticipated for this type of project and considering the existing local agency standards and requirements. In the event additional time is necessary to perform the tasks set forth in the Scope of Services included herein because of unforeseen conditions (e.g. changes in site conditions, changes in regulatory requirements, change in limits of work, etc.), Consultant shall stop work and notify Client immediately. Client and Consultant shall agree upon the amount of the additional authorization necessary in writing prior to continuing the work and Consultant shall not be responsible for any delays or liability resulting from Consultant ceasing its services until additional authorization is received. Offsite improvement verification, master plan deficiencies, and alternative analysis approaches will be reviewed with Client and a revised scope of work and fee proposal will be prepared for Client 15,000 31,500
Attachment 1 Agenda Report Page 14
July 25, 2023
PIEDMONT DISPATCH CENTER MODERNIZATION Page 7 of 7
Client Initials _____
C I V I L E N G I N E E R I N G | S T O R M W A T E R | D E S I G N - B U I L D | S I T E B I M 4909 Murphy Canyon Road, STE 330, San Diego, CA 92123 | P. 619.535.0602 | F. 866.579.6415 www.DelaneEngineering.com | [email protected]
review. In the event additional time is required to perform the tasks set forth in the Scope of Services, such increase will require written authorization from the Client. The Consultant is not required to render services without such written authorization and will not be responsible for any delays or liability resulting from consultant ceasing its services until additional fee is authorized.
Payment Provisions
Progress billings will be forwarded to Client on a monthly basis. These billings will include the fees earned for the billing period, plus all direct costs plus a 10% handling fee for costs advanced by Consultant. Client shall make every reasonable effort to review invoices within fifteen (15) working days from the date of receipt of the invoices and notify Consultant in writing of any particular item that is alleged to be incorrect.
Blueprinting, reproduction, messenger service and other direct expenses will be charged as additional costs plus a ten percent (10%) handling fee. A Sub consultant Management Fee of ten percent (10%) will be added to the direct cost of all sub consultant services to provide for the costs of administration, sub consultant consultation, and insurance.
The fees for the services herein shall apply until one year after the date of this Contract. Due to everchanging costs, Consultant will increase those portions of the contract fee for which work must still be completed after the above timeframes, by no more than ten percent (10%).
Interest Clause
Payment for services is due upon receipt of the Consultant invoices. Past due invoices will be charged an additional 1½ % per month on past due amounts outstanding longer than 60 days.
Reimbursables
Reimbursable expenses will be billed separately from the task fees for this project. This money will be used for blueprinting, photocopying, miscellaneous document purchases, and mileage. Photo processes/photomylars, bond plots, and base sheets are considered reimbursable items and are not included in the fixed fee plan preparation portions of this agreement.
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