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RHEVELOPMENT AGENCY..QUEST FOR ebMMlSSION/COUNCIL ACTION
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Glenda Saul, Executive Director
Subject: CENTRAL CITY SOUTH STUDY AREA --
OVERLAY ZONE
Redevelopment Agency
Date: May 30, 1986
Synopsis of Previous Commission/Council action:
12/16/85
Approval of a l20-day Exclusive Right to Negotiate with Central City
Business Park for acquisition and development of Agency-owned land at
Rialto and "G" Street.
12/16/85
Designation of a Committee to study that area between Rialto Avenue and
Mill Street and "E" Street and Interstate 215.
3/3/86
a) Motion to proceed with l20-day moratorium in Study Area and meet with
Wixens (30 days) to find them another location.
(continued on next page)
Recommended motion:
(Mayor and Co_on Council)
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MOVE TO ADOPT THE RESOLUTION OF THE CITY OF SAN BERNARDINO AlJTHORIZING AND DIRECTING
THE EXECUTION OF AN AGREEMENT AMONG THE CITY OF SAN BERNARDINO, THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO AND URS CORPORATION FOR CENTRAL CITY SOUTH STUDY
AREA URBAN DESIGN OVERLAY ZONE AND ENVIRONMENTAL IMPACT REPORT CONSULTANT SERVICES.
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Signature
Contact person:
Glenda Saul
Phone:
383-5081
1
Supporting data attached:
YES
Ward:
FUNDING REQUIREMENTS:
$98,291
Amount: $ MA 9bl1gst1')1l
Project: GGS
No adverse Impact on City:
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\...., lcil Notes:
Date:
JUJ.L1W 2, 1386
1054G/JH
06/16/86
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Froa: Glenda Saul, Executive Director
CENTRAL, CITY SOUTH STUDY
AREA - OVERlAY ZONE AND
MORATOIUUM EXEMPTION
June 2, 1986
Synopsis of Previous Coamission/CoUDcil Action:
(continued from page 1)
4/7/86
b) Approval, in concept, of traffic circulation pattern proposed by
team and URS and pursue recommendations for Specific Plan.
c) Authorizing negotiations for the lease of vacant land owned by
Stockwell & Binney for temporary use of Wixens until Wixens able to
locate a new site.
d) Resolution 4858 authorizing negotiations to purchase for
realignment of "F" and "G" Streets (Mill & "G")
e) Resolution 4859 authorizing initiation of acquisition of southwest
corner of Rialto and "E" Streets (Railroad property)
f) Motion to study feasibility of assessment district.
g) Motion to study feasibility of underground utility district.
h) Ordinance MC-50l imposing 120 day moratorium -- exempting Simi
Partnership.
Commission exempted Wixen's Pipe & Supply from moratorium contingent
upon approval of outdoor storage treatment by Study Team and Planning.
4/21/86 a) Resolution 4876 authorizing execution of an agreement with Brown &
Mullins, Inc. to provide engineering services.
5/5/86
6/2/86
b) Referred Specific Plan proposal back to staff to request additional
proposals.
c) Request staff to report on financial feasibility of study area
improvements.
Resolution 4878 to extend the time of the Exclusive Right to Negotiate
by Central City Business Park.
Resolution 4888 (Community Development Commission) to execute an
agreement with URS for the design of an Overlay Zone.
1054G/JH
06/16/86
Clk OF SAN BERNARD~O - REQUM FOR COUNCIL ACtJlON
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STAFF REPORT
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On June 2, 1986, the Community Development Commission adopted Resolution 4888
authorizing an agreement with URS for the design of an Overlay Zone. By
oversight, Agenda Item RS-5(c), the companion resolution by the City Council was
not acted upon. We request that you adopt the attached resolution.
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75-0264
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF AN AGREEMENT AMONG THE CITY OF SAN
BERNARDINO, THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO AND URS CORPORATION FOR CENTRAL CITY SOUTH STUDY AREA
URBAN DESIGN OVERLAY ZONE AND ENVIRONMENTAL IMPACT REPORT
CONSULTANT SERVICES.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is
hereby authorized and directed to execute for and on behalf of
9 said City an agreement among the City of San Bernardino, the
10 Redevelopment Agency of the City of San Bernardino and URS
11 Corporation for Central City South Study Area Urban Design
12 Overlay Zone Environmental Impact Report consultant services, a
13 copy of which is attached hereto as Exhibit -1- and incorporated
14 herein by reference as though fully set forth at length.
15 I HEREBY CERTIFY that the foregoing resolution was duly
16 adopted by the Mayor and Common Council of the City of San
17 Bernardino at a
meeting thereof, held on
, 1986, by the
18 the
day of
19 following vote, to wit:
AYES:
NAYS:
ABSENT:
City Clerk
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AGREEMENT AMONG THE CITY OF SAN BERNARDINO, THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO AND URS CORPORATION FOR
CENTRAL CITY SOUTH STUDY AREA URBAN DESIGN OVERLAY ZONE
REPORT CONSULTANT SERVICES
THIS AGREEMENT made and entered into effective the
day of
, 1986, by and among the
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, a public bod
corporate and politic, hereinafter "Agency", the CITY OF SAN
BERNARDINO, a municipal body corporate, hereinafter .City., and
URS CORPORATION, hereinafter .Consultant,. sets forth the
agreement of the parties.
SECTION 1. Recitals. The parties hereto acknowledge:
1. Agency desires to develop a coordinated comprehensive
study and specific plan for the development of the area bounded
by .E. Street on the east, Rialto Avenue on the north, Inland
Center Drive on the south, and the 1-215 Freeway on the west,
which area is hereinafter referred to as the .study area..
2. Agency requires professional services to accomplish
tasks related to the studies involved in preparation of and
finalization of an Urban Design Overlay Zone.
3. Consultant represents that it has the professional
ability and technical means to accomplish work requirements of
preparing the Overlay Zone for the study area, and has offered
its services to Agency through submission of a proposal, dated
May 8, 1986, a copy of which is on file with the Agency, and is
incorporated herein by reference.
SECTION 2. Implementation. The parties therefore agree:
1. Employment of Consultant. The Agency hereby retains th
Consultant to provide the preparation of the Urban Design Overla
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Zone services for the study area, and the Consultant hereby
agrees to perform, or cause to be performed, professional
services as hereinafter set forth.
2. Personnel. The Consultant has available, or will
provide, all personnel required to perform services under this
agreement. All subconsultants to be secured by the Consultant
must have the prior written approval of the Agency. The
Consultant will work closely with and coordinate its efforts wit
those of Brown and Mullins, Inc., engineering consultants hired
by Agency and City. All of the services to be performed by the
Consultant shall be performed by the Consultant or under its
supervision, and all personnel engaged in the work shall be full
qualified and shall be authorizeq and permitted under state and
local laws to perform such services, and shall be acceptable to
the Agency.
3. Performance apecifications. The Consultant shall
perform the tasks listed in Attachment -A-, -Methodology and
Procedures,- which is attached hereto and incorporated herein by
reference.
4. Products. Specific products listed in Attachment -A-
shall be delivered to the Agency by the Consultant in detail as
required by the description set forth in Attachment -An.
5. Work Schedule. Work has already commenced under a
preliminary study agreement, and shall continue uninterrupted to
complete this project in a timely manner. Consultant agrees to
complete all tasks required to meet the schedule outlined in its
proposal, i.e., within ninety days after issuance of an
authorization to proceed.
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6. Compensation and Payment Schedule. The Agency will pay
the Consultant a sum not to exceed $98,291, computed on the basi
of the -Budget-, including hourly rates, a copy of which is
annexed hereto as Attachment -B-, and is incorporated herein by
reference. The parties recognize that the hours and costs set
forth therein are reasonable, and Agency agrees to make payment
for services rendered on the following basis:
Consultant shall submit to Agency its invoice for services
rendered and to be rendered and the charges for such services in
three steps: one third upon project initiation, one-third upon
submitting the Draft document, and the balance upon submittal of
the Final Document. Final billing shall be based upon the HourI
13 Billing Rates set forth in Attachment -B-. The final invoice
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shall contain such detail as Agency may reasonably require to
15 enable Agency to satisfy itself that all amounts billed are
16 appropriate for payment. Supporting evidence shall be provided
17 by Consultant upon request from Agency. Total billings shall no
18 exceed $98,291.00.
19 7. Method of payment. Upon review of the first two
20 invoices, Agency shall promptly remit payment; upon review of th
21 final invoice, Agency shall determine that all charges are
22 appropriate, and shall thereupon remit payment therefor to
23 Consultant. Payment shall be submitted within thirty (30) days
24 of receipt of any such invoice.
25 8. Agency Management. The Executive Director of the Agenc
26 shall represent the Agency in all matters pertaining to the
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administration of this agreement, including without limitation
28 coordination of all necessary meetings and conferences, and
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review and approval of all products submitted by the Consultants
the Executive Director shall have no authority to enlarge the
scope of work or change the compensation due the Consultant. Th
Consultant shall work closely with the City's Director of Public
works/City Engineer and the City's Planning Director.
9. No Benefit to Arise to Local Employees. No member,
officer or employee of Agency, or its designees or agents, and n
public official who exercises authority over or responsibilities
with respect to the project during his or her tenure for one yea
thereafter, shall have any interest, direct or indirect, in any
contract or any subcontract,or the proceeds thereof, for work to
be performed in connection with the project assisted under this
agreement.
10. The Consultant as an Independent Agent. The Consultan
and its officers, agents and employees, in their performance of
16 this agreement, shall act in an independent capacity and not as
17 officers, employees or agents of the Agency.
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11. Keeping Accounts. The Consultant shall keep separate
19 books of account in connection with the work to be performed
20 under this agreement. These books shall be subject to audit by
21 the Agency. All such books and records shall be retained for
22 such periods of time as required by law, provided, however, in
23 any event, all books, records, and supporting detail shall be
24 retained for a period of at least three years after the
25 expiration of the terms of this agreement.
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12. Ownership of Material and Documents. All reports and
maps, field survey notes, computations and other material
28 prepared by the Consultant shall be the property of the Agency
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and the Consultant shall deliver such materials to the Agency
according to the terms of this agreement. However, the
Consultant shall have the right to make dupljcate copies of such
materials and documents for its files or other purposes as may b
authorized in writing by the Agency.
The Agency and its employees, agents, consultants and
contractors shall not make any changes to the reports, maps or
other materials furnished by Consultant without a full and clear
reference on such document as to the party making the change and
the reasons for such change. The Agency shall not use any
modified reports, maps, or other materials furnished by
consultant on extensions or modifications of this Project withou
the removal of ORS' professional seal and the removal of ORS'
name from such documents.
13. Release of Information. No information, including
photographs, public announcements or confirmation of same, or an
part of the subject matter of this agreement or any phase of any
program hereunder shall be made public without prior approval of
the Agency.
14. Exclusive Agreement. It is agreed and understood that
the consultant will not be engaged in private work projects in
the study area during the term of this agreement.
15. Indemnification. The Consultant shall defend, hold
harmless and indemnify the Agency, its officers, employees and
agents against liability (whether bodily injury, including death
and/or property damage) arising out of the negligent acts or
willful misconduct or lack of good faith or negligent or willful
omissions of the Consultant or its officers, agents, employees 0
contractors in the performance of this agreement.
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16. Insurance Requirements. As a condition precedent to
the effectiveness of this contract and in partial performance of
Consultant's obligation hereunder, Consultant, at its own
expense, shall deliver to Agency for approval, certificates or
policies of insurance as evidence that the following types and
amounts of insurance are in full force and effect to assure
protection of the Agency under this contract:
A. At least One Million Dollars ($1,000,000.00) combined
single limits' for bodily injury and/or property damage.
B. At least Five Hundred Thousand Dollars ($500,000.00) in
errors and omissions coverage.
C. Evidence of a Certificate of Self-Insurance or Workers'
Compensation individual coverage that meets the requirements of
the California Labor Code in relation to Workers' Compensation
Insurance.
Agency shall also be named an additional named insured unde
the liability insurance policy. Consultant shall be required to
inform Agency in writing of any change, expiration or renewal of
any insurance policy or policies within thirty (30) days of the
effective date of the change. Further, any renewal policy shall
provide at least the minimum coverage specified herein, and each
POlicy of Insurance or Certificate of Insurance shall provide
that the policy shall not be canceled without an advanced thirty
(30) day written notice of cancellation to Agency.
17. Compliance with Re9ulations. Consultant shall be
responsible for compliance with all federal, state and local
laws, rules, regulations, and requirements insofar as they apply
to this project.
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18. Time is of the Very Essence. The parties hereto
recognize that time is of the essence of this agreement. This
Urban Design Overlay Plan must be completed within the time
limits specified herein unless good cause for delaying exists.
Failure of Consultant to complete this work within the time
schedule provided may result in extraordinary losses to the
Agency and City. Consultant recognizes that it has been selected
in large part because of its assurances that it can and will
complete the work necessary within the time frame specified. All
10 work shall be completed within ninety days after issuance of an
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authorization to proceed. No deviation from this schedule will
12 be sought without good cause.
13 In no event shall either Consultant or Agency be liable for
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consequential damages, including, without limitation, loss of use
or loss of profits, incurred by one another or their subsidiaries
16 or successors, regardless of whether such claim is based upon
17 alleged breach of contract, willful misconduct or negligent act
18 or omission, whether professional or non-professional, of either
19 of them or their employees, agents or subcontractors.
20 19. Notification. All notices, memoranda, reports, drafts,
21 and communications sent to the Agency and City under this
22 agreement shall be sent to the following addresses unless
23 authorized to be sent elsewhere by Agency:
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Executive Director,
Redevelopment Agency of the
City of San Bernardino
City Hall, Room 320
300 North "D" Street
San Bernardino, CA 92418
City of San Bernardino
City Administrator
300 North "D" Street
San Bernardino, CA 92418
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All such notices, memoranda, report drafts, and
communications sent to Consultant shall be sent to:
URS Corporation
412 West Hospitality Lane, Ste. 208
San Bernardino, CA 92408
Attn: Steve Lilburn
Any such notices, demands, invoices and written
communications by mail shall be conclusively deemed to have been
received by the addressee five (5) days after the deposit thereo
in the United States Mail, first class postage prepaid and
properly addressed as noted above.
20. Effective Date. This agreement shall become effective
on the date it has been executed by the Chairman and Secretary 0
the Redevelopment Agency of the City of San Bernardino, and by
the Mayor of the City of San Bernardino.
21. Entire Aqreement. This agreement supersedes any and
all other agreements, either oral or in writing, between the
parties with respect to the subject matter herein. Each party to
this agreement acknowledges that no representation by any party
which are not embodied herein and that no other agreement,
statement, or promise not contained in this agreement shall be
valid and binding. It is expressly acknowledged, however, that
Consultant's original proposal to Agency dated May 8, 1986, is
expressly incorporated into this agreement.
22. Assiqnment or Substitution. The Agency has an interest
in the qualifications of and capability of the persons and
entities who will fulfill the duties and obligations imposed upo
the Consultant by this agreement. In recognition of that
interest, neither any complete nor partial assignment or
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delegation of this agreement may be made by the Consultant nor
changed, substituted for, deleted or added to without the prior
written consent of the Agency and City.
23. Modification of Contract.
The specific tasks and
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scope of this project are subject to modification by mutual
agreement among Agency, City and Consultant. Any such changes
shall be incorporated by written amendments to this agreement.
24. Suspension of Agreement. The Agency shall have the
right to suspend the agreement by giving the Consultant fifteen
(15) days written notice to that effect. If such suspension
shall take effect during the performance of any incomplete work,
the Consultant shall be paid the reasonable value of work
accomplished, based upon the rate schedule provided for, and
considering the relevance of the work to the needs of the Agency
~ Any suspension shall relieve Consultant of its obligation to mee
the time deadline specified herein.
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25. Savin9s Clause. If any provision of this agreement is
found to be invalid, void or unenforceable, the remaining
provisions shall nevertheless continue in full force and effect
without being impaired or invalidated in any way.
IN WITNESS WHEREOF, the parties have executed this agreemen
effective this
day of
, 1986.
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
URS CORPORATION
By
By
Chairman
Cheryl Flowers
San Bernardino Operatio
Manager
By
Secretary
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1 Approved as to form:
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5 CITY OF SAN BERNARDINO
6 By
7 Mayor
8 ATTEST:
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10 City Clerk
11 ~~o~m:
12 City 1L torney ~etV
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METHODOLOGY AND PROCEDURES
The expected outcome of this project hinges on the dynamic participation of
the consultant team in concert with the Redevelopment Agency, Central City
South Study Committee, land owners, concerned public members, and other
responsible agencies. For this activity to occur, the problem solving process
must be extremely flexible and of the highest caliber.
The methodology for the project will include the following elements for each
task.
A. Research and Analyses
B. Synthesis and Conceptualization
C. Refinement and Production
D. Review and Revision
E. Production of Final Reports
Much of the research, analysis, and conceptualization necessary for this pro-
ject has already occurred. For several months the Central City South Study
Committee worked to develop a conceptual plan for the area. Their efforts
culminated in a conceptual land use plan and the recommendation of an Overlay
Zone to control existing and future land uses in the area. The ultimate goal
-- to improve the overall character and qua I i ty of the area and promote
orderly and consistent development -- will be accomplished b adoption of the
Overlay Zone.
As a part of the conceptual design process, the Committee developed a circula-
tion plan to increase traffic flow through the area. Following approval of
this concept, the RDA retained a consultant to develop engineering criteria
for roadways and utilities within the study area boundary. SAN BAG has also
agreed to request the construction of a diamond interchange at the Mill Street
offramp as part of the 1987 State Transportation Implementation Plan.
These physical modifications and the adopted land use concept, including a
design and landscape theme, set the stage for the Overlay Zone to be
developed.
URS, teamed with Anil Verma Associates and Soltis Design Associates, proposes
to provide technical analysis to the City, leading to the adoption of an
Overlay Zone for the study area. Analysis will be conducted for the following
elements of the project.
1. Market Analysis
2. Streetscape Program
3. landscape Program
4. Signage Program
5. Architectural Design Program
6. land Use Program
7. Cost Estimates and Implementation
Zxhibit A p.l
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The results of these analyses and subsequent recommendations will be presented
in a series of five products. They are as follows.
A. Market Analysis Technical Report
Corresponds to Study Topic No. I, Market Analysis.
Establishes market demand for all feasible uses, absorption rates for each
use, appropriate location for each use, and market factors/criteria which
should be considered in defining land uses, establishing a framework plan and
implementing design guidelines.
This report will be published as a technical document with illustrations.
B. land Use Technical Report
Corresponds to Study Topic No.6, land Use.
Based on the market study and field surveys, review of existing land use
planning, proposed alternative land use plans to maximize development poten-
tial of study area, define basic land use recolll1lendations in terms of loca-
tions, densities, pedestrian and vehicular access, service, height, mass,
bulk, pedestrian access, potential of mixed use cOlll1lercial, mixed use commer-
cial/residential parking requirements and locations, suggestions for develop-
ment strategy, disposition of existing compatible and non-compatible uses,
historic structures, relation of proposed land uses to those outside the study
area, and buffering between uses.
This report will be publiShed as a technical document with illustrations.
C. Development Framework Plan
Corresponds to Study Topic No.2, Streetscape and No.4, Signage.
This will be the basic public statement of the Development Plan for the study
area and should receive wide distribution. It will assimilate the basic
market data and land uses and place them within a design framework related to
public land and right-of-way. The framework will define the public context
for private development as well as a design and development concept for the
study area as a whole. Elements will include the design concept, public
right-of-way landscape and hardscape improvements, architectural and landscape
design themes, specific theme streets and districts, general theme elements,
and any framework controls for private property.
D. Design Guidelines
Corresponds to Study Topic No.3, landscaping and No.5, Architectural Design.
The Des ign Gui de li nes wi 11 primarily serve to gui de pri vate developers of
projects on private property. The guidelines will implement and establish
clear and specific significant design criteria and standards for future
1'- deve lopment projects.
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The guidelines will also address administrative issues such as architectural
design review and permit granting processes, development bonuses and incen-
tives, maintenance, developer contributions to public right-of-way develop-
ment, and potential assessments.
This report will be published as a graphically-oriented document intended to
be visually understandable to developers and others, who will make extensive
use of the report as a design handbook while planning and designing projects.
E. Cost Estimates and Implementation Summary
Corresponds to Study Topic No.7.
Provides a detailed cost estimate for implementing of the overlay zone
concept. Only public improvements will be considered. Potential sources of
income including assessment will be considered. This report will be published
as a technical document.
The overall methodology is the development then of the market analysis report,
the land use report, the development framework plan, and the design guide-
lines. These four elements would then be the tools used to guide and develop
the study area. The study components serves to further discuss the tasks and
products associated with this project to produce the outlined five elements.
Exhibi t A
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BUDGET
URS proposed cost for completion of the project is based on hourly rates by
study task. Estimated hours and total cost are listed. Subcontracts and
other direct costs (DOC) are listed separately. RDA will be invoiced for
one-third of the total project cost upon project initiation. one-third upon
submi tta I of the Ora ft document. and one-thi rd upon submi tta I of the Fi na I
document.
Total cost for all services outlined in this proposal is $98.291. This
estimate remains effective for 90 days from the date of approval.
!:xhibi t B p. 1
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C URS Hours (Rate) fill.
Administration 40 $Z.016
Ma rket Ana lys i s 100 55.544
50 $Z .143
Administration
Streetscape Program 16 $807
Onsite Landscaping Program 16 $807
Signage Program 16 $807
Architectural Design/Review 16 $807
Land Use Program 80 $3.5Z7
10 $630
Cost Estimates & Project 40 $1.714
Implementation ZO $1.109
8 $404
Meeting 130 $6.643
Word Processing 100 $Z.687
Graphics 60 $Z.045
Computer Mapping 34 $3.IZO
Subtota 1 : $34.810
ODC
C Mileage ($.Z5/mile) $100
Telephone $100
Reproduction (Copier (il $35) S5.Z50
TOTAL ODC: $5.450
Subcontractors
Anil Verma Associates 33.000
1 Soltis Design Associates 514.500
TOTAL Subcontractors: $47.500
Fee IZ~: $10.531
TOTAL Project Cost: ~~~i~~l
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I:xhibit 3 p.2