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rnf:~ I Dr I Worden, Heather From: Berndt, Keith Sent: Friday, September 15, 2006 1 :53 PM To: Burdick, Birch Cc: Worden, Heather Subject: SRF Contract on Monday's agenda Attachments: SRF Contract.doc; Cass County CH 17-2.xls RECEIVED SEP .15 2006 CASS COUNTY COMMiS;~F)1 Birch, I've enclosed a MS Word document with the proposed SRF Contract on Monday's Agenda. The previous document that you reviewed was the Scope of Services used to write this contract. The attached spreadsheet is exhibit A and is incorporated into the contract by reference. Regarding the previous comments on the scope of services: 1. The sub consultants estimates (see page 15 of exhibit A) are based on the assumption that 15 parcels of land would have to be acquired. We won't know the number of parcels required until we get the preliminary design completed. At that point if we need more or less parcels than was estimated, we'll renegotiate the sub consultant's cost. 2. Their shouldn't be legal fees unless we'd have legal issues that would arise during the right of way acquisition Other than that, the project should only entail the normal contract review of the construction contract that you typically do and expense of running the legal add in the Forum when the construction contract is advertised. 3. The contract is written as a time and materials contract with a not to exceed amount. SRF will bill actual costs based on the hourly rates as listed on page 15 of exhibit A. The not to exceed amount can not be exceeded unless we make a change to the scope of the project. With this type of professional services contract, a time and materials contract works good since there are a number of unknown variables. By placing a not to exceed amount on the agreement we the County doesn't assume all of the risk or give the consultant a blank check. Let me know if there are any questions. Keith Berndt Cass County Engineer berndt@co.cass,nd,lIs www.casscollnlygov com phone - 701.298.2372 fax - 701.297,6096 9/18/2006