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R99-077II RESOLUTION NO. R99-2'2' A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND ACCEPTING A PROPOSAL BY KILDAY AND ASSOCIATES, INC., FOR THE DESIGN OF ROADWAY MEDIANS, RIGHT-OF-WAYS AND HOLIDAY INN EXPRESS 1-95 AREAS ALONG BOYNTON BEACH BOULEVARD, IN THE AMOUNT OF $19,450.00; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THE PROPOSAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the June 30, 1999 grant deadline for a 50% State DOT grant match for the roadway improvements along Boynton Beach Boulevard requires the Parks Division to proceed with an extension of the hourly contract with Kilday and Associates, Inc., of West Palm Beach, Florida, which original proposal was approved at the Commission meeting of July 18, 1995; and WHEREAS, the extension of this proposal will continue the landscape design West of 1-95 to Congress Avenue along Boynton Beach Boulevard, consistent with the design East of 1-95; and WHEREAS, the City Commission of the City of Boynton, upon recommendation of staff, deems it to be in the best interests of the residents and citizens of the City of Boynton Beach to extend an hourly contract with Kilday and Associates, Inc., for the design of roadway medians, R.O.W.'s and Holiday Inn Express 1-95 areas along Boynton Beach Boulevard; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and accept the Proposal for professional services regarding the design of roadway medians, R.O.W.'s and Holiday Inn Express 1-95 areas along Boynton Beach Boulevard, which proposal is attached hereto as composite Exhibit Section 3. passage. That this Resolution shall become effective immediately upon PASSED AND ADOPTED this day ofJune, 1999. CITY OF/z~BOYNT~,~I BF__~CH, FLORIDA /' May, o/~ ' ., ~ F Vice Mayor Commissior~er - - ' Commissioner ATTEST: City Clerk X~,\\\~.g,% I 11 !1111111//,, ,~ ~,O¥ N ~'O. '~/ -,,1920/ '~lllllllJlllll~i~~ ~I62!DUb2 ' City of Boynton Beach Re~quisition nunf3er: 0000003130 Buyer Processing Type information, press Enter. Type (F4) ....... Reason ......... By .......... Da. Ve~ ur number ..... Name (F!4) ...... Search type .... Contract nbr (F4) Ship to (F4) ..... Deliver b~ date .... 6/02/99 13:40:37 PURCHASE REQUISITION BEAUTIFUL PALM BEACHES GRANT PARKS 060199 t684 KILDAY & ASSOCIATES _ B=Begins with, C=Contains 20 PARKS ADMIN 060499 Fiscal year code . . . C C=Current year, P=Previous year F=Future year Type optipns, press Enter~ ' l=Select for P.O. 2=Change 4=Delete 8=Extended description 9=Quotes OPt Line#I Quantity UOM Description _ 1 1.00 EA BEAUTIFUL PALM BEACHES GRANT _ BOYNTON BEACH BOULEVARD R.O.W.'S ONLY _ OLD BOYNTON ROAD TO CONGRESS AVENUE + Total: 19450.00 F3=Exit F4=Prompt F6=Add item F7=Alternate view FS=Req quotes Fg=Generate P.O. F12=Cancel F24=More keys PI017V01 Fist.al Year : 1999 Acl unt nlumber ....... : Department .......... Division i ........... State actkvity. ........ Sub activity ......... Element Object · i ........... Annual account transactions : Budget . ~ .......... : Encumbered amount - Pre-encUmbered amount . . . : Expenditures · Total expenditures ..... : Balance . .......... : Requisitihn nbr Requisitioned by 0000003~30 PARKS City of Boynton Beach 6/02/99 Account Balance Inquiry 13:40:42 00127305726310 27' LEISURE SERVICES ~ 30 PARKS 57 CULTURE/RECREATION 2 PARKS AND RECREATION 63 IMPVTS OTHER THAN BLDGS. 10 LANDSCAPPING 205,000.00 50,195.00 .00 45,594.97 95,789.97 109,210.03 Account amount 19450.00 F3=Exit Press enter to continue F12=Cancel 0 0 ~ 0 0 0 0 0 o 0 o 0 0 0 0 o o u~o~z~ uu ~ ~ ~zz~uu 0 o oo o O0 0 o ~ z oo From: Through: Subject: Parks Division Memorandum Wilfred Hawkins, Acting City Manager KevinJHallahan, Forester/Environmental~st ~~ ,L John Wildner, Parks Superintendent ~ ~V~v]~ ~.~) Kilday and Associates, Inc-Landscape and Irrigation Design Services June 30th Beautiful Palm Beaches Grant deadline Date: June 1, 1999 This memorandum is to request your approval for the Parks Department to proceed with the above contracts for the design of the roadway medians, r.o.w.'s and Holiday Inn Express 1-95 areas along Boynton Beach Blvd. The June 30' 1999 grant deadline for a 50% State DOT grant [ratch for the improvements requires the Parks Division to proceed with an extension of the eviously approved hourly contract with Kilday and Associates, Inc. There is not sufficient t!me for our Department to complete this project application in the current fiscal year, unless we aye able to extend the Kilday hourly contract. The reasons for extending the hourly contract include: II. This company will continue the landscape design West ofi-95 to Congress Avenue along Boynton Beach Blvd. consistent with their design East ofi-95. 2 Kilday & Associates, Inc. will meet with City Planning staffto design the 1-95 / Holiday Inn Express as a major entranceway into the City. 3 The company has an established rapport with the State DOT Engineering staffand understands the criteria for a successful design. 4 Kilday has a base map of the Boynton Beach Blvd. roadway including the medians and r.o.w. which will assist the City to expedite their design and grant application. Please~ review and approve this request that I may continue to apply for the June 30,1999 Beautiful Palm Beaches Grant. John Wildner, Parks Superintendent Cindy Burg, Purchasing Department TO: FROM: THROUGH: RECREATION & PARK MEMORANDU3 Carrie Parker, City Manager Kevin J. Hallahan, Forester/Environmentalist Charles C. Frederick, Director ('~ ~, ' Recreation & Park Department ~ -- !II. CONSENT AGENDA C.6 c: Parks & Rec. State Department of Transportation Roadway Beautification Grant Boynton Beach Boulevard/Federal Highway R.O.W.'s Streetscapes 1-95 East to U.S. #I/Downtown Area DATE: July 12, 1996 HISTORY: This grant request is to landscape/irrigate the streets R.O.W.'s as described in the above project I - locaUons. The grant requires a 50:50 match between the City of Boynton Beach and the State D&partment of Transportation. D~SCUSSION: The application involves the planting of colorful flowering trees along Boynton Beach Boulevard and va fious palms/flowering trees on U.S. #1. The landscape/irrigation plans have akeady been designed hcwever, they must be converted fi.om a computer-drawn document (CAD) to a non-computer style fo~' proper submittal to the County grant agency. Several copies of these plans must be submitted as pa ~t of the grant application process. The design fee ($4,000) is an expense the City must pay in an eft brt to reduce the City projects cost by 50% if we are successful in securing the grant. The City has ah eady committed to paying the project costs in full, even if we do not receive this grant. T~ e estimated projects costs to complete the beautification improvements is $145,000. B(ynton Beach Boulevard irrigation $80,000 Federal Highway irrigation $25,000 Fe:Ieral Highway landscape $40,000 $145,000 Total Tl~e City. would assume upgraded maintenance responsibility of all planted Iocations. The grant application would be reviewed and ranked with all other applicants to th~ grant program. RECOMMENDATION: Th~ staff recommends that the appropriate funds be allocated for the design fee and a resolution (c~py of similar document attached) be prepared to direct staff to apply for the grant. Please place thio item on the next City Commission Agenda meeting of July 16, 1996. KH:ad Attachments Kilclay ~r A~ociate~ Landscape Architects/Planners 1551 Forum Place Suite 100A West Palm Beach, Florida 33401 (407) 689-5522 · Fax: (407) 689-2592 ADn!T!ONAL wo~'K AGRFFMFNT iCITY OF BOYNTON BEACH Date: July 16, 1996 100 East Boynton Beach Boulevard Boynton Beach, FL 33425-0310 Our File #476.4 ATTN: KEVIN HALLAHAN Addendum #3 Project Name: Boynton Beach Boulevard Median Landscape VVE WILL PERFORM THE FOLLOWING SERVICES Additional Work not covered by Proposal dated July 11, 1995 and Add Work Agreements dated March 14, 1996 and April 19, 1996. BRIEF DESCRIPTION OF ADDITIONAL WORK: Preparation of a revised cost estimate end preparation of landscape and irrigation plans for submittal for a Beautiful Palm Beaches Grant. l e estimate that this additional work will equate to $1,000.00. Therefore, the hourly/not exceed cap for additional work incurred from January 1, 1996, will equate to $6,500.00. ork herein described will be billed at the following hourly rates: -~ssociate (Design and Consultation) $ 60/Hour rafting/Data preparation $ 35/Hour Ii the terms of this Additional Work Agreement are acceptable, please have an authonzed' lepresentative of the client sign and copy and return it to Kilday & Associates, Inc. Sign~"~: 0~lFe'ne ~ Walte~- - - oWe) guaranty to the offices of Kilday & Associates, Inc. the payment of all sums due them y the client in accordance with the above agreement and accept the terms and conditions ntained therein. Signed 'D-~'e ,~.ar rie Parker ~Signature Typed ,, ]it~ Manager P :oposals/dhallah2. 715 RESOLUTION NO R96--/.~/ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEA~.H, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A JOINT PARTICIPATION AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, FOR JOINT PROJECT PARTICIPATION FOR THE IRRIGATION AND LANDSCAPING IMPROVEMENTS ALONG BOYNTON BEACH BOULEVARD AND FEDERAL HIGHWAY, KNOWN AS STATE PROJECT NO. 93010- 3505; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida Department of Transportation (DEPARTMENT) and the City of Boynton Beach (CITY), mutually agree that it is in the best interest of both entities to undertake the certain irrigation system improvements, landscaping and maintenance along Boynton Beach Boulevard (State Road 04), from Northwest 4th Street to Federal Highway US #1 (State Road 5) and' Federal Highway US #1 (State Road 5), from Gulf Stream Boulevard to Boynton Canal, within the City of Boynton Beach. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1, The City Commission of the City of Boynton Beach, does hereby authorize and direct the Mayor and City Clerk to execute an Agreement between the City of Boynton Beach and the State of Florida Department of Transportation, for joint project participation along Boynton Beach Boulevard and Federal Highway, known as State Project No. 93010-3505, a copy of said Agreement being attached hereto as Exhibit "A", ci~ That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this /.,.¢~' day of October, 1996. ATTEST: City"Clerk - CITY OF BOYNTON BEACH, FLORIDA - ''Mayor ',,~ ' / Commissioner (~o~mi'Ssioner Commissioner Kilday E~ Associates Landscape Architects / Planners 1551 Forum Place, Suite 100A West Palm Beach. Rorida 33401 (561) 689-5522 · Fax (561) 689-2592 E-Maih info~kildayinc.com April 8, 1999 Boynton Beach City Manager cio Kevin Hallahan, City Forester The City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, FL 33425-0310 Re: Proposal for Professional Services Boynton Beach Boulevard Landscape Improvements Congress Avenue to Old Boynton Road Landscape Plans and Specifications Dear City Manager and Mr. Hallahan: It was a pleasure meeting with you regarding the professional services that Kilday & Asso.ciates, Inc. can prbvide to'~prepare landscape Plans for the swale areas along Boynton Beach Boulevard between Congress Avenue'and Old Boynton Road. From our discussion, I understand that the Florida Department of Transportation will be reconfiguring and improving the existing roadway and medians. As part of their project, lahey will landscape the medians within the roadway. Our office will review these ndscape plans and provide You with comments on the design. Utilizing these plans, we will design improvements for the swale areas, including special pavers and plant material. Our design will continue the character and theme that has been established on East Boynton Beach Boulevard. In addition to-reviewing the FDOT's plans and preparing construction plans for the swale areas, this proposal also includes preparing a cost estimate for the swale areas :o help determine phaSing for the project. It also includes preparation of irrigation 31ans, which will be done by Control Precipitation Design. A fee for their services is .n. cluded in this proposal. From our conversations, I understand that you would like to submit either a portion or all-of this project for a "Keep Palm Beach County Beautiful" ]rant application deadline of June 30, 1999. Our office can accommodate these services by that date. A complete Scope of Services follows. SCOPE OF SERVICES Kilday & Associates, Inc. will provide the following services on this project: Kevin Hallahan April 8, 1999 Page - 2 - Task 1 - Landscape Design One site visit to verify the field conditions on site and in the vicinity of the project, especially in regards to sidewalk locations and any other improvements adjacent to the right-of-way. Coordinate with FDOT to obtain base maps and revise these base plans as needed. Also, provide general coordination of site details with the City, the County, FDOT, and the project engineer. Critique the median landscape design proposed by FDOT, and provide comments to the City of Boynton Beach. Landscape design and cost estimate for the swale areas, including the following elements: ao Overall tree specification and location-. Overall shrub and groundcover specification and location. Paving design and construction details. Revision and preparation of final plans. Plans will include ali information required by FDOT and Palm Beach County Engineering to obtain permits to plant in the right-of-way. Preparation of a plant list and planting details and specifications for use by the landscape contractor. Coordination meetings with the City, FDOT, and County staff, as necessary. Task Preparation of plans for submittal to "Keep Palm Beach County Beautiful." 2 - Irrigation Desiqn Scope of services to include design development concepts, plans, meetings, final construction plans, specifications, legends, details, cost estimates, etc., through the design and bidding process. Prepare specifications, details and a cost estimate for irrigation installation. Coordinate the proposed computer controlled irrigation system being implemented by the City which requires additional field work and preparation than the sOlar/battery type systems we previously specified for the City. Kevin Hallahan April 8, 1999 Page - 3 - This proposal does not include assembly of landscape bid packages, assistance with bidding or contractor selection, or field observation of landscape installation. We would be happy to provide these or other services not included in this Scope of Services at our hourly billing rates. TIME SCHEDULE Upon authorization by the client to begin landscape design, Kilday & ASsociates, Inc. will provide preliminary landscape plans within fifteen (15) working days. The above schedule assumes that Kilday & Associates, Inc. will be furnished with all necessary information and architectural plans by the client and notified in a timely manner of any changes. FEES .' We will perform these services at our hourly rates, with a total per task as follows: .. Task 1 - Landscape Design $4,150.00 Task 2- Irrigation Design $2,800.00 The hourly rates are as follows: Principal Senior Associate Associate Drafting/Data Preparation '$200.00 $125.00 $ 75.OO $ 45.00 The above fees include necessa.ry minor revisions to the plans as the job progresses. Major revisions caused by circumstances beyond the control of Kilday & Associates, Inc. are not included and will be billed at the rates listed in the "Additional Work" portion of the proposal. This fee quote does not include normal reimbursable expenses which shall be itemized and billed to the client on a monthly basis. This quote is good for ninety (90) days or until July !, 1999. PAST DUE ACCOUNT~ Outstanding accounts are cOnsidered past dUe after thirty days from the date of the invoice and are subject to a 1.5% service charge on the unpaid balance. Kilday & Associates, Inc. requires payment for all services rendered within thirty (30) days of your receipt of our monthly billing statement, in accordance with the contractual terms specified herein. If payment for services rendered is not received within sixty (60) Kevin Hallahan April 8, 1999 Page - 4 - days, you will receive a written notice from our firm that payment will be required within the next five (5) working days. If payment is not received during this period, a Stop Work Order will be issued for your project and no p.rofessional services or representation will be conducted by our firm until your account is paid in full. Keep in mind, a Stop Work Order at particular times during the zoning approval process could necessitate the postponement of the petition for at least thirty (30) days if payment is rendered at a later date. We shall have a lien on all of your documents, property or money in our possession for the payment of all sums due to us from you under the terms of this agreement. In the event it is necessary to institute suit against you for the collection of fees and advances due to us by you, you will pay, in addition to any judgment for such fees and advances, all costs and expenses necessitated thereby, including reasonable attorney's fees for the suit.' Furthermore, in the event of any lawsuit as a result of any provision hereof or the interpretation hereof or otherwise or in any way arising out of our professional relationship, if we shall be the prevailing party, then we shall be entitled, to collect from you all costs and expenses necessitated by us in such litigation, including reasonable . attorney's fees. ORIGINAL DRAWINGS Original drawings prepared by Kilday & Associates, Inc. shall remain the property of the same. However, reproducible copies of these drawings will be provided at cost upon the client's request. TERMINATION OF CONTRACT In the event that the client wishes to abandon the project prior to the fulfillment of those items listed under "Scope of Services", Kilday & Associates, Inc. shall be reimbursed for all time spent on the project up to and including the day we are notified in writing to stop work. ADDITIONAL WORK At the request of the client, Kilday & Associates, Inc. shall provide additional work not listed under "Scope of Services" on an hourly basis. The hourly rates are as follows: Principal Senior Associate Associate Drafting/Data Preparation $200.00 $125.00 $ 75.OO $ 45.OO Kevin Hallahan April 8, 1999 Page - 5 - No additional work shall be undertaken without written consent or instructions from Mr. Hallahan or his designated representative. EXPRESS WAIVER OF GUARANTY You acknowledge that we have made no guarantees in the disposition of any phase of this matter or matters for which we have been retained, as all expressions relative to it are only our opinions. Warning: If you sign this proposal, it becomes a legal, binding contract between you and us. Before signing, please read it carefully and be sure you understand all the contents. If there is anything you do not understand, ask about it. Do not hesitate to have this agreement reviewed by an attorney of your choice. We encourage it. If the terms of this proposal are acceptable, please have an authorized representative of the client-sign one copy and return it. We must have a signed Contract to begin work. Sincerely, Florida Board of Landscape Architects #LCC000224 Kevin Hallahan April 8, 1999 Page - 6 - I (we), in my (our) capacity as authorized representatives of the company, guaranty to the offices of Kilday & Associates, Inc. the payment of all sums due them by the client in accordance with the above agreement and accept the terms and conditions contained therein. I (we) understand that non-payment of fees as outlined above will result in the immediate cessation of work on the project and in other penalties. By: (,~thorized Signature) "(S~~.e Typed) (A~thorized ~na~; HrA l IA J~A,u · (Signature Typed) · (D at/e~ - ~P RR.~S .~.,., p o ~,,,T,,, ~ ~ ,,.'r' (Title) (Date) (Title) H: kate/proposals/ghallahan.4-1 Kilday Et Associates Landscape Architects / Planners 1551 Forum Place, Suite 100A West Palm Beach, Florida 33401 (561) 689-5522 · Fax (561) 689-2592 E-Maih info@kildayi, nc.com April 9, 1999 Boynton Beach City Manager c/o Kevin Hallahan, City Forester The City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, FL 33425-0310 Re: Proposal for Professional Services Boynton Beach Boulevard Landscape Improvements Old Boynton Road to Northeast 4t~ Street (Including 1-95 Interchange) Conceptual Design Dear City Manager and Mr. Hallahan:- It was a pleasure meeting with you regarding the professional services that Kilday & Associates, Inc. can provide to assist the City of Boynton to create a "main entry" into the downtown area for Boynton Beach Boulevard between Old Boynton Road and- Northeast 4t~ Street. From our conversations, I understand it is the City's desire to create a major entrance statement on the southeast corner of the intersection of Boynton Beach Boulevard and Interstate 1-95 in front of the Holiday Inn Express. It will be a highly visible and well designed hardscape and landscape amenity at this. prominent location, visible from 1-95 and the adjacent roadways. Also, this proposal` includes preparing a conceptual-design to rehabilitate the landscape within the existing medians in Boynton Beach Boulevard and continuing the streetscape character used elsewhere on Boynton Beach Boulevard in the swale areas. This design will enhance those proposed for the main entry feature. In regards to the entry.feature, We will prepare three preliminary-design schemes and color render these for presentation to the City Council. After receiving their comments, we will refine one scheme for final approval by the City. This scheme will be used to prepare final construction hardscape and landscape plans, which will be covered under a sep~.~rate contract. A complete Scope of Services follows. Kevin Hallahan April 9, 1999 Page - 2 - SCOPE OF SERVICES Kilday & Associates, Inc. will provide the following services on this project: One site visit to review the field conditions on site and in the vicinity of the project, analyze views and sight lines, and existing site grade. An analysis of existing vegetation will also be done to determine if any existing, plant material could be reused. Preparation of base plans, resolution of base plan issues, and general coordination of site details with the City and FDOT. Research FDOT regulations in regards to hardscape improvements on the southeast corner of 1-95 and Boynton Beach Boulevard. Meet with FDOT as needed to confirm requirements. . _ Prepare three (3) preliminary designs for a main entry feature at the southeast corner, as well as preliminary cOst estimates. Prepare color graphiCs of these alternatives and perform a presentation to the City Council. PrePare one (1) revitalization scheme for the median and swale areas between Old Boynton Road and NE 4~ Street. Color render for presentation. Upon receiving City comments, finalize one overall design for final consideration, and perform a final presentation to the City. 7. Coordination meetings with the City staff, as necessary. TIME SCHEDULE Upon authorization by the client to begin landscape design, Kilday & Associates, Inc. will provide preliminary landscape plans within fifteen (15) working days. The above schedule assumes that Kilday &-Associates, Inc. will be furnished with all necessary information and architectural plans by the client and notified in a timely manner of any changes. FEE~:r' We will perform these services at our houdy rates, with a "not to exceed" cap of $9,500.00; We will not exceed that amount in houdy charges without authorization from yOU. Kevin Hallahan April 9, 1999 Page - 3 - The hourly rates are as follows: Principal Senior Associate Associate Drafting/Data Preparation $2O0.00 $125.00 $ 75.00 $ 45.00 The above fees include necessary minor revisions to the plans as the job progresses. Major revisions caused by circumstances beyond the control of Kilday & Associates, Inc. are not included and will be billed at the rates listed in the "Additional Work" portion of the proposal. This fee quote does not include normal reimbursable expenses which shall be itemized and billed to the client on a monthly basis. This quote is good for ninety (90) days or until July 9, 1999. PAST DUE ACCOUNTS Outst.anding accounts arb considered past due after thirty days fi'om the da{e of the. invoice and are subject to a 1.5% service charge on the. unpaid balance. Kilday & Associates, Inc. requires payment for all services rendered within thirty (30) days of your receipt of our monthly billing statement, in accordance with the contractual terms specified herein. If payment for services rendered is not received within sixty (60) days, you will receive a written notice from our firm that payment will be required within the next five (5) working days. If payment is not' received during this period, a Stop Work Order will be issued for your project and no professional services or representation will be conducted by our firm until your a~'-~unt is paid in full. Keep in' mind, a Stop-Work Order at Pa~icular times dudng the zoning approval process could necessitate the postponement of the petition for at least thirty (30) days if payment is rendered at a later date: We shall have a lien on ali of your documents, property or money in our possession for the payment of all sums due_to us. from you under the terms of this agreement. In the event it is necessary to institute suit against you for the collection of fees and advances due to us by you, you will pay, in addition to any judgment for such fees and adVances, all costs and expenses necessitated thereby, including reasonable attorney's fees for the suit. Furthermore, in the event of any lawsuit as a result of any provision hereof or the int~:,.rpretation hereof orL otherwise or in any way adsing out of our professional relationship, if we shall be the prevailing party, then we shall be entitled to collect from you all costs and expenses necessitated by us in such litigation, including reasonable attorney's fees. Kevin Hallahan April 9, 1999 Page - 4 - ORIGINAL DRAWINGS Original drawings prepared by Kilday & Associates, Inc. shall remain the property of the same. However, reproducible copies of these drawings will be provided at cost upon the client's request. TERMINATION OF CONTRACT In the event that the client wishes to abandon the project prior to the fulfillment of those items listed under "Scope of Services", Kilday & Associates, Inc. shall be reimbursed for all time spent on the project up to and including the day we are notified in writin.q to stop work. ADDITIONAL WORK At the request of the client, Kilday'& Associates, Inc. shall provide.' additional Work no{. listed under "Scope of Services" on an hourly basis. The hourly rates are as follows: Principal Senior Associate Associate Drafting/Data Preparation $200.00 $125.00 $ 75.oo $ 45.OO No additional work shall be undertaken without written consent or instructions from Mr. Hallahan or his designated representative. EXPRESS WAIVER OF GUARANTY You acknowledge that we have made no guarantees in the disposition of any phase of this matter or matters for which we have been retained, as all expressions relative to it are only our opinions. WARNING IF YOU 'SIGN THIS PROPOSAL, IT BECOMES A LEGAL, BINDING CONTRACT BETWEEN YOU AND US. BEFORE SIGNING, PLEASE READ IT CAREFULLY AND BE SURE YOU UNDERSTAND ALL THE CONTENTS. IF THERE IS ANYTHING YOU DO NOT UNDERSTAND, ASK ABOUT IT. DO NOT HESITATE TO HAVE THIS AGREEMENT REVIEWED BY AN ATTORNEY OF YOUR CHOICE. WE ENCOURAGE IT. Kevin Hallahan April 9, 1999 Page - 5 - If the terms of this proposal are acceptable, please have an authorized representative of the client sign one copy and return it. We must have a signed contract to begin work. Sincerely, Collene W. Walter Kilday & Associates, Inc. Flodda Board of Landscape Architects #LC0000224 I (we), in my (our) capacity as authorized representatives of the company, guaranty to the offices of Kilday & Associates, Inc. the payment of all sums due them by the client- in accordance with the above agreement and accept the terms and conditions contained therein. I (we) understand that non-payment of fees as outlined above will result in the immediate cessation of work on the project and in other penalties. By: (/~th(~rized- Signature) (Signature Typed) (Au~°rizeeU'~ld S~nat r~e)~~/-''~''-~ (Signature Typed) (Da, t~) (Title) (Date) ~Te~/E AJ u tFeo^ (Title) g: kate/proposals/ghallahan.4-9 "