Item 10 - Approval of Construction Management Contract with Douglas E. Barnhart
AGENDAAEPORT SlJMMARY -
TO: Honorable Mayor and Members of the City Council
Honorable Chairman and Members of the
- Redevelopment Agency
FROM: James L, 80wersox, City Manager/Execu~
Director
,
ltJ
INITIATED BY: John D, Fitch, Assistant City Manager . \
Ma~k s. Weston, Director of Engineering service~
DATE: August 8, 1995
SUBJECT: Approval of a Construction Management Contract with Douglas E, Barnhart
for the City Library and Site Development Improvements
ABSTRACT
For major projects the City has engaged construction management ~onsultants to assist
in the coordination of construction activities completed through the City's Capital
Improvement Program, The construction of the City library will include channel
improvements for Rattlesnake Creek, major site improvements for the City owned
property, and construction of the City library.
Staff believes the City would be well served by supplementing the City staff with a
construction management consultant. Further, engaging a construction management
consultant during the design will provide the added benefit of allowing the
construction manager to review design alternatives and provide input regarding cost and
- constructability.
Staff recommends Douglas E, Barnhart perform the construction management activities for
the library and site development,
ENVIRONMENTAL REVIEW
This contract is not subject to environmental review,
FISCAL IMPACT
Cost of the CM contract will range from $308,108 to $401,230 which is budgeted in the
Library project and site development project,
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Douglas E, Barnhart
RECOMMENDATION
It is recommended that the City Council/Redevelopment Agency approve the contract
(Attachment 1) with Douglas E, Barnhart for the construction management of the library
and site development improvements,
- ACTION
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~ AGENDA REPORrl
CITY OF POW A Y
TO: Honorable Mayor and Members of the City Council
Honorable Chairman and Members of the Redevelopment Agency
FROM: James L. Bowersox, City Manager/Executi:e Di~
INITIATED BY: John D, Fitch, Assistant City Manager~~ ~
Mark S, Weston, Director of Engineerin Service~
DATE: August 8, 1995
SUBJECT: Approval of a Construction Management Contract with Douglas
E, Barnhart for the City Library and Site Development
Improvements
BACKGROUND
For major projects the City has engaged construction management consultants to
assist in the coordination of construction activities completed through the
City's Capital Improvement Program. The construction of the City library will
include channel improvements for Rattlesnake Creek, major site improvements
for the City owned property, and construction of the City library, This
project is a major construction project being designed and constructed at the
same time as the $8 million water plant improvements and the $40 million
Scripps Poway Parkway project, Staff believes the City would be well served
by supplementing the City staff with a construction management consultant.
Further, engaging a construction management consultant during the design will
provide the added benefit of allowing the construction manager to review
design alternatives and provide input regarding cost and constructability, At
the completion of the design, the construction manager will be very familiar
with all aspects of the design which will be of great benefit during the
construction of the project,
Staff prepared a Request for Proposal and invited eleven firms with
construction management expertise to submit a proposal. The City received
seven proposals and from the proposals prepared a short list for interview.
Staff then interviewed three consultants; Snyder Langston, Highland
Partnership, and Douglas E. Barnhart, CM. Staff conducted a second interview
with Highland Partnership and Douglas E, Barnhart and recommended the
selection of Douglas E. Barnhart as the construction management consultant.
ACTION:
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-- Agenda Report - Approve Construction Manager for Library
August 8, 1995
Page 2
Staff worked with Douglas E, Barnhart to carefully define the scope of
services which is shown in the attached contract, Further, staff negotiated a
fee which includes design review services, a fixed fee for construction
management and a variable fee based on the number of contracts issued during
the construction of the facility.
FINDINGS
The City library project and site development improvements is a major Capital
Improvement Project. The City would receive significant benefit by engaging a
construction manager and initiating that contract during the design of the
facilities, Staff reviewed seven proposals and recommends the selection of
Douglas E, Barnhart as the construction manager for the City library and site
development improvements,
ENVIRONMENTAL REVIEW
This contract is not subject to environmental review,
FISCAL IMPACT
--
Cost of the CM contract will range from $308,108 to $401,230 which is budgeted
in the Library project and site development project,
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Douglas E. Barnhart
RECOMMENDATION
It is recommended that the City Council/Redevelopment Agency approve the
contract with Douglas E, Barnhart (Attachment 1) for the construction
management of the library and site development improvements,
JLB:JDF:MSW:mh
Attachments:
1. Contract
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STANDARD AGREEMENT FOR CONSUL TANT SERVICES
This Agreement, entered into this _ day of . 19_, by and between
the POWAY REDEVELOPMENT AGENCY (hereinafter referred to as "Agency") and
DOUGLAS E. BARNHART (hereinafter referred to as "Consultant").
RECITALS
WHEREAS, Agency desires to obtain the services of a private consultant to periorm
construction management services for the Ubrary and Site Development Improvements;
and
WHEREAS, Consultant is a(n) Construction Management consultant and has
represented that Consultant possesses the necessary qualifications to provide such
services; and
WHEREAS, Agency has authorized the preparation of an agreement to retain the
services of Consultant as hereinafter set forth.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT AGENCY DOES HEREBY
RETAIN CONSULTANT ON THE FOLLOWING TERMS AND CONDITIONS:
1, ScoDe of Services.
Consultant shall provide services as described in Exhibit "A" entitled "Special
Provisions" attached hereto and made a part hereof.
2, ComDensatlon and Reimbursement.
Agency shall compensate and reimburse Consultant as provided in Exhibit
"A" entitled "Special Provisions" attached hereto and made a part hereof.
3, Term of Agreement.
The term of this Agreement shall be as described on Exhibit "A" entitled
"Special Provisions" attached hereto and made a part hereof.
ATTACHMENT 1
POWBY Redevelopment Agency
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4, Termination.
This Agreement may be terminated with or without cause by Agency.
Termination without cause shall be effective only upon SO-day written notice to Consultant.
During said SO-day period Consultant shall perform all consulting services in accordance
with this Agreement. This Agreement may be terminated by Agency for cause in the
event of a material breach of this Agreement, misrepresentation by Consultant in
connection with the formation of this Agreement or the performance of services, or the
failure to perform services as directed by Agency. Termination for cause shall be effected
by delivery of written notice of termination to Consultant. Such termination shall be
effective upon delivery of said notice.
5. Confidential Relationship.
Agency may from time to time communicate to Consultant certain
information to enable Consultant to effectively perform the services. Consultant shall treat
all such information as confidential, whether or not so identified, and shall not disclose
any part thereof without the prior written consent of Agency. Consultant shall limit the use
and circulation of such information, even within its own organization. to the extent
necessary to perform the services. The foregoing obligation of this Paragraph 5,
however, shall not apply to any part of the information that (i) has been disclosed in
publicly available sources of information;1 Oil is, through no fault of Consultant, hereafter
disclosed in publicly available sources of information; (iii) is now in the possession of
Consultant without any obligation of confidentiality; or (iv) has been or is hereafter
rightfully disclosed to Consultant by a third party, but only to the extent that the use or
disclosure thereof has been or is rightfully authorized by that third party.
Consultant shall not disclose any reports, recommendations. conclusions
or other results of the services or the existence of the subject matter of this contract
without the prior written consent of the Agency. In its performance hereunder, Consultant
shall comply with all legal obligations it may now or hereafter have respecting the
information or other property of any other person, firm or corporation.
6. Consultlna Services Provided to Others,
Consultant shall not represent any other client, public or private, in addition
to Agency during the term of this Agreement unless Consultant first obtains the express
written consent of Agency.
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7, Office Space and Clerical SUDDort,
Consultant shall provide its own office space and clerical support at its sole
cost and expense. Consultant shall be responsible for all their onsite office costs and
expenses during the construction of the Ubrary and Site Development Improvements.
8. Covenant Aaalnst Contingent Fees,
Consultant declares that it has not employed or retained any company or
person, other than a bona fide employee working for Consultant, to solicit or secure this
Agreement, that it 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 any other
consideration, contingent upon or resulting from the award or making of the Agreement.
For breach of violation of this warranty, Agency shall have the right to annul this
Agreement without liability, or, at its sole discretion, to deduct from the Agreement price
or consideration, or otherwise recover the full amount of such fee, commission,
percentage, brokerage fee, gift or contingent fee.
9. Ownership of Documents.
All memoranda, reports. plans, specifications, maps and other documents
prepared or obtained under the terms of this Agreement shall be the property of Agency
and shall be delivered to Agency by Consultant upon demand.
10. Conflict of Interest and Political Reform Act Obllaatlons,
During the term of this Agreement Consultant shall not act as consultant or
perform services of any kind for any person or entity whose interests conflict in any way
with those of the Agency or the City of Poway. Consultant shall at all times comply with
the terms of the Political Reform Act and the local conflict of interest ordinance.
Consultant shall immediately disqualify itself and shall not use its official position to
influence in any way any matter coming before the Agency in which the Consultant has
a financial interest as defined in Government Code Section 87103. Consultant represents
that it has no knowledge of any financial interests which would require it to disqualify itself
from any matter on which it might perform services for the Agency.
Consultant shall comply with all of the reporting requirements of the Political
Reform Act and local ordinance. Specifically, Consultant shall file Statements of Economic
Interest with the City Clerk of the City of poway in a timely manner on forms which
Consultant shall obtain from the City Clerk.
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11, No Assianments.
.- Neither any part nor all of this Agreement may be assigned or
subcontracted, except as otherwise specifically provided herein, or to which Agency, in
its sole discretion, consents to in advance thereof in writing. Any assignment or
subcontracting in violation of this provision shall be void.
12. Maintenance of Records.
Consultant shall maintain all books, documents, papers, employee time
sheets, accounting records, and other evidence pertaining to costs incurred and shall
make such materials available at its office at all reasonable times during the contract
period and for three (3) years from the date of final payment under this Agreement, for
inspection by Agency and copies thereof shall be furnished, if requested.
13, IndeDendent Contractor.
At all times during the term of this Agreement, Consultant shall be an
independent contractor and shall not be an employee of the City of Poway or Agency.
Agency shall have the right to control Consultant only insofar as the results of
Consultant's services rendered pursuant to this Agreement; however, Agency shall not
have the right to control the means by which Consultant accomplishes
14, Ucenses. Permits. Etc,
Consultant represents and declares to Agency that it has all licenses,
permits, qualifications, and approvals of whatever nature that are legally required to
practice its profession. Consultant represents and warrants to Agency that Consultant
shall, at its sole cost and expense, keep in effect at all times during the term of this
Agreement, any license, permit, or approval which is legally required for Consultant to
practice its profession.
15, Consunant's Insurance,
Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special
Provisions" attached hereto and made a part hereof.
16. Uablllty.
Notwithstanding any other provision contained in this Agreement, Consultant
shall be responsible for all injuries to persons and for all damage to real or personal
property of Agency or others, caused by or resulting from the wrongful act or negligent
acts, errors, or omissions of itself, its employees, or its agents during the progress of, or
in connection with, the rendition of services hereunder. Consultant shall hold harmless
and indemnify Agency, and all officers and employees of City and Agency from all costs
and claims for damages to real or personal property, or personal injury to any third party,
including reasonable attorney fees resulting from the negligent performance of Consultant,
_. its employees, or its agents, under this Agreement.
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17, Consultant Not an Agent.
Except as Agency may specify in writing, Consultant shall have no authority,
expressed or implied, to act on behalf of Agency in any capacity whatsoever as an agent.
Consultant shall have no authority, expressed or implied, pursuant to this Agreement to
bind Agency to any obligation whatsoever.
18. Personnel.
Consultant shall assign qualified and certified personnel to perform
requested services. The Agency shall have the right to review and disapprove personnel
for assignment to Poway projects.
Agency shall have the unrestricted right to order the removal of any
person(s) assigned by Consultant by giving oral or written notice to Consultant to such
effect.
Consultant's personnel shall at all times comply with Agency's drug and
alcohol policies then in effect.
19, Notices,
Notices shall be given as described on Exhibit "A" entitled "Special
Provisions" attached hereto and made a part hereof.
20, Arbitration.
In the event of a dispute between Agency and Consultant concerning the
terms of this Agreement or its performance, the parties agree to submit such dispute to
arbitration before the American Arbitration Association or other mutually acceptable
arbitrator. In the event that the subject of such arbitration is compensation claimed by
Consultant in the event of termination, Consultant's damages shall be limited to
compensation for the SO-day period for which Consultant would have been entitled to
receive compensation if terminated without cause. In the event of arbitration, each party
shall bear its own attorneys' fees and costs incurred.
21, Gender,
Whether referred to in the masculine, feminine, or as "it," "Consultant" shall
mean the individual or corporate consultant and any and all employees of consultant
providing services hereunder.
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- 22, Entire Agreement.
This Agreement shall constitute the entire understanding between Consultant
and Agency relating to the terms and conditions of the services to be performed by
Consultant.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on
the date first above written.
Dated: POWAY REDEVELOPMENT AGENCY
By:
Its:
Dated:
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"SPECIAL PROVISIONS"
EXHIBIT "A"
SCOPE OF CONSTRUCTION MANAGEMENT SERVICES FOR THE CITY OF
POWAY'S LIBRARY AND SITE DEVELOPMENT IMPPROVEMENTS
A, Desla" Review Services
1. Design Consultation and Review Comments
The CM shall review design alternatives proposed by the Architect,
Engineer, staff or citizen groups and determine the impact to the
construction cost and construction schedule.
2. Schedule
CM will develop a schedule mutually agreeable to the design consultants
and City and prepare a master project schedule outlining major
milestones related to the development of all projects.
3. Constructability, Bidability, Review
At the 30% Schematic Design phase and the 70% Construction Drawing
phase, the CM shall review the project for constructability and bidability
and present comments which will reduce costs while maintaining project
quality. In addition, the CM will divide the project into multiple contracts,
including the Furniture, Fixture and Equipment contract, and develop
bidding packages in concert with the design architects and civil engineer.
4. Permit Responsibility
Monitor, assess and assist Owner in expediting all necessary permits to
enable construction of all projects from all governmental agencies and
utility companies involved.
5. The CM will provide value engineering during the site development phase
and at 30% and 70% design reviews to evaluate alternatives to the
preferred design and present those comments to the architect and staff.
6. Program Budget
Develop and monitor program budget, including design, construction,
construction engineering, and environmental costs and track budgets
through design and construction phases.
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.SPECIAL PROVISIONS.
EXHIBIT "A"
"-
SCOPE OF CONSTRUCTION MANAGEMENT SERVICES FOR THE CITY OF
POWAY'S LIBRARY AND SITE DEVELOPMENT IMPPROVEMENTS
A. Design Review Services
1. Design Consultation and Review Comments
The CM shall review design alternatives proposed by the Architect,
Engineer, staff or citizen groups and determine the impact to the
construction cost and construction schedule.
2. Schedule
CM will develop a schedule mutually agreeable to the design consultants
and City and prepare a master project schedule outlining major
milestones related to the development of all projects.
3. Constructability, Bidability, Review
At the 30% Schematic Design phase and the 70% Construction Drawing
phase, the CM shall review the project for constructability and bidability
and present comments which will reduce costs while maintaining project
quality. In addition, the CM will divide the project into multiple contracts,
including the Furniture, Fixture and Equipment contract, and develop
bidding packages in concert with the design architects and civil engineer.
4. Permit Responsibility
Monitor, assess and assist Owner in expediting all necessary permits to
enable construction of all projects from all governmental agencies and
utility companies involved.
5. The CM will provide value engineering during the site development phase
and at 30% and 70% design reviews to evaluate alternatives to the
preferred design and present those comments to the architect and staff.
6. Program Budget
Develop and monitor program budget, including design, construction,
construction engineering, and environmental costs and track budgets
through design and construction phases.
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7. CM will review and draft revisions to the General and Special Conditions
as they relate to single or multiple contract packages. CM will provide
contract language for implementing contract specific OA/OC program.
B. Construction Management Services
1. Construction Bidding
The CM will supervise all bidding activities for the contract packagers).
The CM will issue plans to prospective bidders, maintain a list of bidders,
issue addenda as prepared by the Architect or Engineer, conduct pre-bid
conferences, evaluate bids, recommend low responsible bidders for each
bid package and assist City in issuance of contracts. CM will provide bid
summary for each contract to City for preparation of Award of Contract.
2. Contract Administration and Pre-Construction
CM will manage all aspects of contract administration including but not
limited to receipt of executed contract, insurance certification, and bonds.
In addition, CM will conduct pre-construction conference and maintain
complete documentation of pre-construction activities,
3. Construction Management
The CM shall supervise all construction activities at the site while
maintaining coordination between all contractors on site. The
Construction Manager shall hold weekly and monthly meetings to brief
staff, contractors, and architects on project performance. The CM will
maintain comparisons of contractor proposed performance verses actual
performance and determine what corrective measures are needed to
maintain schedules.
4. On-site Supervision
The CM shall provide and maintain a management team of sufficient
personnel on site to provide contract administration and thereby assure
the construction of the facilities are in conformance with the plans and
specifications and that the site is maintained in a safe environment and
that the project maintains budget and schedule. The Construction
Manager will insure construction compliance with applicable codes and
construction documents. The CM shall also coordinate all submittal
routings, review by the architect, and responses to the contractor. The
CM will coordinate all specialty inspection, testing and surveying as
required. CM will provide all specialty inspection and testing within the
scope of this contract within the fees proposed.
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5. Construction OA/OC
The CM shall develop, implement, and manage a construction phase
quality assurance/quality control (OA/OC) program. This OA/OC
program shall define goals, identify criteria and elements, provide an
implementation plan, develop a testing program, and include a training
program.
6. Construction Controls
a. Schedule of Values
The CM shall develop guidelines, and review and approve the
contractor(s) Schedule of Values to be used for progress
payments.
b. Progress Payments
CM shall review monthly Progress Payment applications submitted
by the contractor and recommend payment or adjustments to the
City.
c. Scheduling
The CM will be responsible for monitoring and reporting on
schedule performance at regular intervals. Monitoring shall
include submittals and material procurement. The CM will provide
the City recommendations to correct unsatisfactory contractor
performance and implement recommendations approved by City.
d. Costs
The CM will be responsible for monitoring all project costs and
preparing monthly reports to track conformance of budget
objectives.
e. Change Order/Request for Information Tracking
The CM shall develop and implement a Change Order/Request for
Information tracking system for the project.
f. Document Control/Record Keeping
The CM shall develop and implement a centralized records
management system suitable to track all documents connected to
the various components of the construction activity.
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g. Project Safety
The eM shall require the contractor to develop, maintain,
coordinate, and implement an overall safety program to insure a
safe overall working environment for all workers, staff, and visitors
to the site. The CM shall monitor and report on contractor's
performance.
h. Claims Management
The CM shall develop and implement a claims reduction and
claims resolution plan,
7. Monthly Report
The CM will provide monthly progress reports during design and
construction activities.
8. Partnering
The CM shall develop and organize a construction phase partnering
workshop and maintain a partnering atmosphere at the job site.
Commitments made during the partnering agreement shall be tracked by
the CM.
9. Construction Site Security
The CM shall require the contractor to develop and implement a plan to
provide security at the construction site for the duration of the project.
CM shall monitor and report to the City.
10. Project Closeout
The CM shall supervise the contract(s) closeout process, including
financial/accounting documentation and assist in resolving any contract
disputes.
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B, ComDensatlon and Reimbursement.
Agency shall pay Consultant a fee as shown on Exhibit "B". Consultant's
fee shall include and Consultant shall be responsible for the payment of all federal, state,
and local taxes of any kind which are attributable to the compensation received.
C, Term of Agreement.
This Agreement shall be effective from the period commencing August 15,
1995 with completion of construction estimated in December 1997, unless sooner
terminated by Agency as provided in the section of this Agreement entitled ''Termination.''
Upon expiration or termination of this Agreement, Consultant shall return to Agency any
and all equipment, documents or materials and all copies made thereof which Consultant
received from Agency or produced for Agency for the purposes of this Agreement.
D. Consultant's Insurance.
1. CoveraQes:
Consultant shall obtain and maintain during the life of this Agreement
all of the following insurance coverages:
(a). Comorehensive General Uability . including premises-
operations, products/completed, broad form property damage, and blanket
contractual liability with the following coverages:
General Uability . . . . . . . . . . . . . . . . . . . . . $ 500,000 per person per
occurrence /
. .. $1,000,000 aggregate per
occurrence
$500,000 property damage per
occurrence
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(b) Automobile Uability. including owned, hired, and non-owned
vehicles with the following insurance coverages:
AutoUability ....................... $ 500,000 per person per
occurrence/
.. . $1,000,000 aggregate per
occurrence
$100,000 property damage per
occurrence
(c) Consultant shall obtain and maintain, during the life of the
Agreement, a policy of Professional Errors and Omissions Uability Insurance with
policy limits of not less than $1,000,000.00 combined single limits, per claim and
annual aggregate.
(d) Workers' Comoensation insurance in statutory amount. All of
the endorsements which are required above shall be obtained for the policy of
Workers' Compensation insurance.
2. Endorsements:
Endorsements shall be obtained so that each policy contains the
following three provisions:
(a) Additional Insured. (Not required for Professional Errors and
Omissions Uability Insurance or Workers' Compensation.)
"POWAY REDEVELOPMENT AGENCY and its elected and appointed
boards, officers, agents, and employees are additional insureds with respect to this
subject project and contract with Agency."
(b) Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty
(30) days after written notice is given to Agency."
(c) Primary CoveraQe.
"The policy provides primary coverage to Agency and its elected and
appointed boards, officers, agents, and employees. It is not secondary or in any way
subordinate to any other insurance or coverage maintained by Agency."
3. Insurance Certificates:
Consultant shall provide Agency certificates of insurance showing the
insurance coverages described in the paragraphs above, in a form and content approved
by Agency, prior to beginning work under this Agreement.
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E, Notices,
All notices, billings and payments hereunder shall be in writing and sent to
the following addresses:
To Engineering Services Director: poway Redevelopment Agency
13325 Civic Center Drive
P.O. Box 789
Poway, CA 92074
To Consultant: Douglas E. Barnhart
16981 Via Tazon
San Diego, CA 92128
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EXHIBIT "B"
LIBRARY/SITE DEVELOPMENT IMPROVEMENTS
CONSTRUCTION MANAGEMENT SERVICES
DOUGLAS E. BARNHART CONTRACT
DESIGN/PRECONSTRUCTION $ 33,280
CONSTRUCTION SERVICES
1. Fixed Fee 4% of Construction Bids $176,000*
*Estimated at $4.4 Million. Based on actual bid prices of construction at time of
award. No adjustments for change orders will be allowed.
2. Contract Management (Variable)
a. General Contractors $ 98,828
OR OR
b. Multiple Prime Contractors $191,950
Fee Range $308,108 to $401,230**
**Fee not to exceed $308,108 for project awarded to general contractors for each
project.
Fee not to exceed $401,230 for project awarded to multiple prime contractors
for each project.
AUG 8 ITEM 10 .
1995
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