HomeMy WebLinkAbout43-Public Works
From:
ROGER G. HARDGRAVE flEe'D.-ADMIN. ggJject:
Publ ic Works/Engineeril~qJ SEP 24 f:': 3: .~.
Fi'~ No. 6.1466 _
- REQUE,I FOR COUNCIL AClJN
tHP-
Authorization to Execute Agreement
for Professional Services (Concept
and Desi9n Plans) -- Development
of Buckboard Park, Kendall Drive,
Northwest of University Parkway
CITCOF SAN BERNARDI'....)
Dept:
Date:
September 21, 1987
Synopsis of Previous Council action:
June, 1985
1986/87
Allocation of $10.000 in 1985-86 Park Construc-
tion Fee Budget, for development of concept
plan for Buckboard Park, approved,
Allocation of supplemental funds in the amount
of $15,000, for development of concept and design
plans for Buckboard Park, in the 1986-87 Park
Construction Fee Fund, approved,
Recommended motion:
Adopt Resolution,
cc: Ray Schweitzer
Jim Penman
Warren Knudson
Annie Ramos
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_ - Signature .
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Supporting dete eUeched:
Staff Report, Resolution
Werd:
5125
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Contect person:
Gene R. Klatt
Phone:
FUNDING REQUIREMENTS:
Amount: $24,940.00
Source: (ACCT. NO.) 243 -363 - 5 7518
(ACCT. DESCRIPTION)
Buckboard Park
Finance: tl- c:~ .A.
Council Notes:
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(:Tv OF SAN BERNAR()IO - REQU:::;ST FOR COUNCIL ACC)c)N
STAFF REPORT
Letters of interest were solicited from 21 consulting
firms, Eight of these firms responded that they were interested.
A screening committee selected the following 5 firms.to receive
Requests for Proposals:
1. Rec Systems, Inc,
2, Randolph Hulbik Associates
3. Morse Consulting Group
4. NBS/Lowry
5, Kammeyer & Associates
The proposals submitted by these firms were reviewed on
8-25-87, by an interview board comprised of the following persons:
1. Tom Minor - Councilman, Fifth Ward
2. Rhoda Fox - Chairwoman, Park Commission
3, Helen Kopinski - Park Commissioner
4, Jim Parker - Park Superintendent
5, Gene Klatt - Assistant City Engineer
After carefully reviewing the proposals, the board
selected Kammeyer & Associates as being the best qualified to
provide these services at this time. An Agreement for providing
the desired services has accordingly been negotiated with
Kammeyer & Associates,
Thi s Agreement provi des, in general, that Kammeyer
Associates will prepare a conceptual plan, and construction
drawings and specifications for development of Buckboard Park,
Assistance during the bidding phase and review during construction
phase is listed in the Scope of Services as supplemental services,
The total fee (not including supplemental services) is not to
exceed $24,940.
An amount of $25,000 has been allocated, under Account
No, 243-363-57518, to finance the costs for providing these
services,
We recommend that the Agreement for Professional Services
be approved.
9/21/87
75-0264
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RESOLUTION NO,
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH KAMMEYER & ASSOCIATES, INC"
RELATING TO THE PROVISION OF PROFESSIONAL SER~ICES FOR DEVELOPMENT
OF BUCKBOARD PARK,
BE IT RESOLVED BY THE MAYOR AND COtlMON 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, on behalf of said
City, an agreement with Kammeyer Associates, Inc. relating to the
provision of professional services for development of Buckboard
Park, which agreement is attached hereto, marked Exhibit "A" and
incorporated herein by reference as fully as though set forth at
length,
SECTION 2. The agreement shall not take effect until
fully signed and executed by both parties. The City shall not be
15 obligated hereunder unless and until the agreement is fully
16 executed and no oral agreement relating thereto shall be implied
17 or authorized,
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I HEREBY CERTIFY that the foregOing resolution was
20 Bernardino at a
21 day of
22 AYES:
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24 NAYS:
25 ABSENT:
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9/21/87
19 duly adopted by the Mayor and Common (ouncil of the City of San
meeting thereof, held on the
, 1987, by the following vote, to-wit
Council Members
C ty Clerk
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1 The foregoing resolution is hereby approved this
2 day of . 1987,
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5 Mayor of the City of San Bernardino
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7 Approved as to form
and 1 ega 1 content:
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A G R E E MEN T
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(Professional Services)
THIS AGREEMENT is made and entered into this day of
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, 1987, by and between the CITY OF SAN
BERNARDINO, a municipal corporation, hereinafter called "City",
and KAMMEYER & ASSOCIATES, INC., a California corporation,
hereinafter called "Architect".
WITNESSETH:
WHEREAS, City desires to develop a concept plan,
development plans, specifications and, all working documents for
design and improvement of Buckboard Park1 and
WHEREAS, in order to develop such a program, it is
necessary to retain the professional services of a qualified
architectural and consulting firm1 and
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WHEREAS, Architect warranties that it is qualified to
provide said professional services for the development of such a
program1 and
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NOW, THEREFORE, it is mutually agreed, as follows:
1. GENERAL.
(a) Performance. Architect shall perform those services
specified in "Scope of Services", a copy of which is attached
and incorporated herein by reference and
though it were fully set forth at this
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Performance of the work specified in said .scope of
Services. is made an obligation of Architect under this
Agreement, subject to any changes made subsequently upon the
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mutual agreement of the parties hereto.
(b) ~. The services of Architect are to commence
within thirty (30) days after the City has authorized work to
start by issuance of a Notice to Proceed. The schedule calendar
dates specifically set forth in Exhibit .B. for completion dates
will be adjusted by Architect as the City authorizes the work.
Such adjustments shall require City approval, in writing, prior
to commencement of performance of each phase. This Agreement
shall expire as specified by the Exhibit .B" schedule unless
extended by agreement of the parties, and shall otherwise expire
360 days from date of execution by City.
2. COMPENSATION
(a) Total Comoensation. Total payment to be made under
this Agreement shall not exceed $39,600. The City shall
reimburse the Architect for reimbursable costs (including labor
costs, employee benefits, overhead, profit, other direct and
indirect costs) incurred by the Architect in performance of the
work, in an amount not to exceed the estimated wage rates and
other costs as set forth in Exhibit "C., attached hereto and
incorporated herein as though set forth at this point.
(b) Fee Adiustment. Said fee shall not be altered unless
there is significant alteration in the scope, complexity or
character of the work to be performed. Any such significant
alteration shall be agreed upon in writing by City and Architect
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before commencement of performance of such significant alteration
by Architect.
(c) Adjustment of total cost of Profess~onal Architectural
Services will be permitted when the Architect establishes, and
City agrees in writing, that there has been or is to be a
significant change in:
(1) Scope, complexity, or character of
the services to be performed;
(2) Conditions under which the work is
required to be performed; and
(3) Duration of work if the change from
the time period specified in the Scope
of Services and Schedule Calendar
warrants such adjustment.
3. EXTRA SERVICES
No extra services shall be rendered by Architect under this
17 Agreement unless such extra services are authorized, in writing,
18 by City. Authorized extra services shall be invoiced based on
19 the "Schedule of Hourly Rates" attached hereto as Exhibit "0" and
20 incorporated herein as though set forth in full.
21 4. PAYMENT BY CITY
22 (a) The billings for all services rendered pursuant to
23 this Agreement shall be submitted monthly by Architect to the
24 Public Works/City Engineer, and shall be paid by City within
25 twenty (20) days after receipt of same, excepting any amounts
26 disputed by City.
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(b) Dispute over any invoiced amount shall be noticed, by
City, to the Architect, in writing, within ten (10) days of
receipt of the billing containing the disputed amount. Interest
of 1-1/2 percent per month (but not exceeding the maximum rate
allowable by law) will be payable on any amounts not in dispute
and not paid within 30 days of the billing date.
(c) On disputed amounts, interest shall accrue commencing
30 days following date of receipt of the invoice containing the
disputed sum if the amount in dispute is resolved in favor of the
Architect. Any attorney's fees or other costs incurred in
collecting any delinquent amount shall be paid to the prevailing
12 party.
13 5. SUPERVISION OF SERVICES
14 The Director of Public Works of City, or his designee,
15 shall be City's agent with respect to obtaining Architect's
16 compliance hereunder. No payment for any services rendered under
17 this Agreement shall be made without prior approval of the
18 Director of Public Works or his designee. Nothing herein shall
19 authorize supervision of Architect to such extent as to alter
20 Architect's status as an independent agent.
21 6. ASSURANCE OF COMPLIANCE WITH CIVIL RIGHTS LAWS
22 Architect hereby certifies that it will not discriminate
23 against any employee or applicant for employment because of race,
24 color, religion, sex, marital status or national origin.
25 Architect agrees to take affirmative action to ensure that
26 applicants are employed and employees are treated during
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employment without regard to their race, color, religion, sex,
marital status or national origin. Such action shall include,
but not be limited to the following: employment; upgrading,
demotion or transfer; recruitment or recruitment advertising; and
designated representatives. In addition, Architect shall not
exclude from participation under this Agreement any employee or
applicant for employment on the basis of age under the Age
Discrimination Act of 1975 or with respect to an otherwise
qualified handicapped individual as provided in Section 504 of
the Rehabilitation Act of 1973 or religion except that any
exemption from such prohibition against discrimination on the
bases of religions provided in the Civil Rights Acts of 1964 or
Title VIII of April 11, 1968, as amended, shall also apply.
7. TERMINATION OF AGREEMENT FOR CAUSE
This Agreement may be terminated by either party upon
fifteen (15) days' prior written notice in the event of
substantial failure of the other party to perform in accordance
with the terms of this agreement. Each party shall have ten (10)
days following date of such notice within which to correct that
substantial failure giving rise to such notice. In the event of
termination of this agreement, City shall within thirty (30) days
of the effective date of such termination pay Architect all the
fees and charges for service performed to the City's satisfaction
by Architect. Architect hereby covenants and agrees that upon
termination of this Agreement for any reason, Architect will
preserve and make immediately available to City, or its
designated representatives maps, notes, correspondence and
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records related to work paid for by the City or required for the
timely completion of the remainder of the work to be performed
under the Agreement. Architect agrees to fully cooperate with
City so that the work to be accomplished under this Agreement may
continue in a reasonably prompt manner. Any subsequent use of
such incomplete documents shall be at the sole risk of the City
and the City agrees to hold harmless and indemnify Architect from
any claims, losses, costs, including attorney's fees, and
liability arising out of such use. Engineer shall be compensated
for such services in accordance with Exhibit "0".
8. DISCRETIONARY TERMINATION
City hereby reserves the right to terminate all or a
portion of the work to be performed under this Agreement upon
thirty (30) day's prior written notice to Architect. Upon such
partial or complete termination, the parties shall have the
rights and obligations as set forth above with respect to
terminations for cause.
9. INDEPENDENT CONTRACTOR
19 Architect shall act as an independent contractor in the
20 performance of its services provided under this Agreement and
21 shall furnish such services in Architect's own manner and method
22 and shall in no respect be considered an agent or employee of
23 City.
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10. NON-ASSIGNMENT
This Agreement is not assignable either in whole or in part
by Architect without the written consent of City and any such
attempted assignment is hereby rendered void and of no effect.
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11. HOLD HARMLESS
Architect hereby agrees to and shall save and hold
City, its elective and appointive boards, officers, agents and
employees, harmless from any liability for damage or claims for
damage for personal injury including death, as well as from
claims for property damage which may arise from Architect's
negligent acts, errors or omissions under this Agreement.
12. NOTICES
Official notices relative to the services provided under
this Agreement shall be in writing addressed to the following:
CITY
ARCHITECT
Roger G. Hardgrave, Director
of Public Works/Engineering
300 North 0 Street
San Bernardino, CA 92418
Kammeyer & Assoc. Inc.
Attn: Kenneth Kammeyer
2837 Kellogg Avenue
Colton, CA 91719
13. FORCE MAJEURE
All agreements on Architect's part are contingent upon and
Architect shall not be responsible for damages or be in default,
or be deemed to be in default, by reason of delays in performance
by reason of strikes, lock-outs, accidents, acts of God and other
delays unavoidable or beyond Architect's reasonable control, or
due to shortages or unavailability of labor at established area
wage rates or delays caused by failure of City or City's agents
to furnish information or to approve or disapprove Architect's
work promptly, or due to late or slow, or faulty performance by
City, other contractors not subcontractors of Architect, or
governmental agencies, the performance of whose work is precedent
to or concurrent with the performance of Architect's work. In
the case of the happening of any such cause or delay, the time of
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completion shall be extended accordingly. Architect shall
promptly notify City in writing when it becomes aware of any
event or circumstance for which it claims or may claim an
extension.
14. OWNERSHIP OF DOCUMENTS
All tracings, survey notes, and other original documents
are instruments of service and shall remain the property of
Architect except where by law or precedent these documents become
public property. All such documents or records shall be made
accessible to the City under conditions as set forth in Sections
7 and 8 of this Agreement.
15. ARCHITECT'S LIABILITY
Architect's liability to the City for injury or damage to
persons or property arising out of work performed by the City and
for which legal liability may be found to rest upon Architect,
other than for professional errors and omissions, will be limited
to $1,000,000. Negligence Architect's liability, will be limited
to a sum not to exceed $50,000 or Architect's fees, whichever is
greater.
16. ACCURACY OF CONSTRUCTION COST ESTIMATES
(a) Any opinion of Construction Cost prepared by Architect
represents his judgment as a design professional and is supplied
for the general guidance of the City. Since Architect has no
control over the cost of labor and materials, or over competitive
bidding or market condition, Kammeyer & Associates, Inc., does
not guarantee the accuracy of such opinions as compared to
contractor bids or actual cost to the City.
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(b) If a Construction Cost limit is established by written
agreement between City and Architect and specifically set forth
in a mutually agreed addendum to this Agreement, the following
will apply:
(1) The acceptance by City at any time during
their services of a revised opinion of
Construction Cost in excess of the then
established cost limit will constitute
a corresponding revision in the Construction
Code limit to the extent indicated in such
revised opinion.
(2) Any Construction Cost limit so established
will include a contingency of ten percent
unless another amount is agreed upon in
writing.
(3) Architect will be permitted to determine what
types of materials, equipment and component
systems are to be included in the Drawings
and Specifications and to make reasonable
adjustments in the general scope, extent and
character of the project to bring it within
the cost limit.
(4) If the bidding or negotiating phase has not
commenced within six months after completion
of the final Design Phase, the established
Construction Cost limit will not be binding
on Architect, and City shall consent to an
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adjustment in such cost limit commensurate
with any applicable change in the general
level of prices in the construction industry
between the date of completion of the Final
Design Phase and the date on which proposals
or bids are sought.
(5) If the lowest bona fide proposal or bid
exceeds the established Construction Cost
limit by 20 percent or more, City shall
(a) give written approval to increase
such cost limits, (b) authorize negotiating
or rebidding the project within a reasonable
time limit, or (c) cooperate in revising the
Project's general scope, extent or character
to the extent consistent with the Project's
requirements and with sound engineering
practice. In the case of (c), Architect
shall modify the Contract Documents as
necessary to bring the Construction Cost
within the cost limit. In lieu of other
compensation for services in making such
modifications, City shall pay Architect,
Architect's cost of such services, all
overhead expenses reasonably related
thereto and Reimbursable Expenses, but
without profit to Architect on account
of such services. The providing of such
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service will be the limit of Architect's
responsibility in this regard, and having
done so, Architect shall be entitled to
payment for services in accordance with.
the Agreement and will not otherwise be
liable for damages attributable to the
lowest bona fide proposal or bid exceeding
the established Construction Cost.
17. JOB SITE RESPONSIBILITY
The City agrees that in accordance with generally accepted
construction practices, the construction contractor will be
required to assume sole and complete responsibility for jOb site
conditions during the course of construction of the project,
14 including safety of all persons and property and that this
requirement shall be made to apply continuously and not be
limited to normal working hours.
18. ATTORNEY'S FEES
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19 rovision of this Agreement, or to collect any portion of the
20 mount payable under this Agreement, then all litigation and
ollection expenses, witness fees and court costs, and attorney's
shall be paid to the prevailing party.
19. SEVERANCE CLAUSE
Should litigation be necessary to enforce any term or
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25 'nvalid, this Agreement shall be construed as not containing such
26 rovision, and all other provisions which are otherwise lawful
27 hall remain in full force and effect, and to this end the
28 rovisions of this Agreement are declared to be severable.
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20. FEES PAID BY CITY
The City shall pay the cost of checking and inspection
fees, zoning and annexation application fees, assessment fees,
construction soils testing fees, and all other fees, permits,
bond premiums, and title company charges. Charges not
specifically covered by the terms of this Agreement shall be paid
as agreed by the parties hereto at the time such costs arise but
in no event shall the work to be performed hereunder cease as a
9 consequence of such unforeseen charges unless by mutual written
10 agreement of City and Architect.
11 21. EXCLUSIVE AGREEMENT
12 There are no understandings or agreements except as herein
13 expressly stated. Any modifications must be in writing.
14 22. CONSTRUCTION CONTRACTOR LIABILITY
15 (al The City shall require that any Contractor performing
16 work in connection with the construction contract documents
17 produced under this Agreement shall hold harmless, indemnify and
18 defend the City, the Architect, their consultants, and each of
19 their officers, agents and employees from any and all liability,
20 claims, losses or damage arising out or alleged to arise from the
2f Contractor's negligence in the performance of the work described
22 in the construction contract documents, but not including
23 liability that may be due to the sole negligence of the City, the
24 Architect, their consultant, or their officers, agents and
25 employees.
26 (bl The City will require the Contractor to provide
27 Worker's Compensation and comprehensive general liability
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1 insurance including completed operations and contractual
2 liability, with the latter coverage sufficient to ensure the
3 Contractor's indemnity, as above required, and, such insurance
4 will name the City, the Architect, their consultants, and each of
5 their officer, agents and employees as additional insured.
6 23. The Architect shall be entitled to reasonably rely
7 upon the accuracy of data provided through the City without
8 independent evaluation.
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10 IN WITNESS WHEREOF, the parties hereto have caused this
11 Agreement to be executed on the date first above written by their
12 respective officer duly authorized in that behalf.
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CITY OF SAN BERNARDINO
ATTEST:
By
Mayor
City Clerk
KAMMEYER & ASSOCIATES, INC.
By
Title
Approved as to form
and legal content:
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EXHIBIT "B" SCOPE OF SERVICES AND SCHEDULE CALENDAR,
I. TASK ONE: INITIATION, RESEARCH, DATA GATHERING,
A. Confer with City Staff to confirm scope of work and
project requirements.
B, Meet with Citizens Advisory Committee to obtain general
input,
C. Observe existing site conditions and develop base data,
Prepare contour base map at 1 inch equals 40 foot scale
with 1 foot contours by air photo method. Prepare site
opportunities and constraints site analysis at 1 inch
equals 40 foot scale noting views, important features,
adjacent land use, existing vegetation, climatic
conditions and noise sources,
Prepare written summery of the investigation and
information received.
D,
II. TASK
A.
B.
C,
D.
III. TASK
A.
B.
C,
D.
IV. TASK
A,
TWO: CONCEPTUAL PLANS AND SCHEMATIC ALTERNATIVES,
Prepare alternative design solutions depicting park
development items in a schematic ( bubble ) format,
Prepare probable project construction cost estimates
for each alternative,
Prepare construction phasing for alternatives relative
to construction funding availability.
Meet with City Staff and Citizens Advisory Committee to
review the alternative plans and to select the
schematic plan that best meets the established program
criteria,
THREE: CONCEPTUAL PLAN AND DESIGN DEVELOPMENT.
Prepare final selected design solutions in a graphic
form that depicts each component of the park
development items at 1 inch equals 40 foot scale,
Revise the probable project construction cost estimate
to reflect the conceptual plan components,
Revise the construction phasing to reflect available
funding and the conceptual plan.
Present the conceptual plan to City Staff, the Citizens
Advisory Committee and to other City Board as directed,
FOUR: CONSTRUCTION DOCUMENTS,
Prepare 50% complete working drawings setting forth in
detail and prescribing the work to be done and the
materials, workmanship, finishes and equipment required
for site grading, site construction, building ( rest
room) floor plans and elevations, planting plans,
parking lot plan, lighting ( security ) plans and
outline specifications to fix and illustrate the size
and character of the entire project. Off site
facilities related to drainage and to road improvements
of Buckboard Drive and Kendall Drive are not part of
the scope of services,
BUCKBOARD PARK
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B, Complete working drawing and specifications and revise
probable project construction cost estimate in accord
with complete working drawings and specifications,
V.
TASK
A.
FIVE: BIDDING AND CONTRACTOR SELECTION,
Assist the City in the bidding procedure
contractor selection,
and in
B.
SIX: PARK CONSTRUCTION,
Assist the City with on site contractor observations.
when requested to do so by the City. Provide general
administration of the contract, including periodic
inspection at the site as the City deems necessary to
render construction observation, which is distinguished
from the continuous personal inspection of any Project
Inspector,
Prepare, with information received from the contractor,
a marked set of mylar as-built drawings of record
indicating dimensions, location of buried utility lines
( as-built dimensions) which shall be forwarded to the
City upon completion of the project,
VI.
TASK
A,
Schedule Calendar
The following schedule depicts the time necessary to complete the
task as described here-in, and is made with the proviso the City
shall approve items necessary, establish committees and meeting
dates in a reasonable manner to assist the Architect in meeting
the schedule.
NOTICE TO ARCHITECT TO PROCEED
COMPLETION OF TASK ONE
COMPLETION OF TASK TWO AND THREE
COMPLETION OF TASK FOUR
COMPLETION OF TASK FIVE AND SIX
OCTOBER 01, 1987
OCTOBER 15, 1987
DECEMBER 15, 1987
JANUARY 15, 1987
JULY 01, 1987
BUCKBOARD PARK
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EXHIBIT "c" ESTIMATED WAGE RATES AND OTHER COSTS
TASK ONE, TWO AND THREE: $8,240,00
{ INCLUDES $2,000.00 FOR CONTOUR BASE MAP
TASK FOUR: GRADING PLAN INCLUDING PARKING LOT LAYOUT $2,500,00
TASK FOUR: LANDSCAPE/IRRIGATION PLANS $4,400,00
TASK FOUR: SECURITY LIGHTING $3,500,00
TASK FOUR: RESTROOM BUILDING $4,600,00
TASK FOUR: PICNIC FACILITIES $1,700.00
TASK FIVE AND SIX: $10,560,00
REIMBURSABLE ALLOWANCE: $3,500,00
TOTAL FOR ALL TASKS AND REIMBURSABLE COSTS WILL NOT EXCEED
THIRTY-NINE THOUSAND DOLLARS ($39,000.00).
BUCKBOARD PARK
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EXHIBIT "0" SCHEDULE OF HOURLY RATES
PRINCIPAL LANDSCAPE ARCHITECT @ $60,00 PER HOUR
PROFESSIONAL ENGINEER @ $60,00 PER HOUR
PROFESSIONAL STAFF 1 @ $50,00 PER HOUR
PROFESSIONAL STAFF 2 @ $40,00 PER HOUR
STAFF SUPPORT @ $20,00 PER HOUR
REIMBURSABLE @ COST
BUCKBOARD PARK