HomeMy WebLinkAboutCOW 2008-02-25 Item 4E - Agreement - 2008 Overlay Program Consulting with KPG Inc for $89,561.60 COUNCIL A GENDA SYNOPSIS
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ITEM INFORMATION
CAS NUMBER: 08-028 ORIGINAL AGENDA DATE: FEBRUARY 25, 2008
AGENDA ITEM TITLE 2008 Overlay Program Consultant Selection and Agreement
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Heating Other
Mtg Date 2/25/08 Mtg Date 3/03/08 Mtg Date Mtg Date Mtg Date Mg Date Mtg Date
SPONSOR Council Mayor Actin Svcs DCD Finance Fire Legal LJ P&R Li Police PW
SPONSOR'S The agreement is for design services and the preparation of bid documents for the 2008
SUMMARY Overlay Program. Both commercial and residential streets are included. The agreement
also includes gathering data to update the Pavement Management System and the ability
to supplement for 2009 Overlay Program design services. The work is to be completed for
$89,561.60.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 2/12/08
RECOMMENDATIONS:
SPONSOR /ADMIN. Authorize Mayor to sign the consultant's agreement with KPG, Inc.
COMMUTER Unanimous approval; forward to COW.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$89,561.60 $124,000.00
Fund Source: 103 RESIDENTIAL STREETS 104 ARTERIAL STREETS (PAGES 3 44, 2008 cIP)
Comments:
I MTG. DATE RECORD OF COUNCIL ACTION
02/25/08
03/03/08
MTG. DATE ATTACHMENTS
02/25/08 Information Memo dated February 7, 2008
Consultant Agreement with Scope of Work
Transporation Committee Meeting Minutes from February 12, 2008
03/03/08
INFORMATION MEMO
To: Mayor Haggerton
From: Public Works Director all)
Date: February 7, 2008
Subject: 2008 2009 Overlay and Repair Programs
Project No. 08 -RWO1
Consultant Selection, Scope of Work, and Fee Estimate
ISSUE
Select a consultant to provide design and plans, specifications and estimates (PS E) for the
City's 2008 and 2009 Overlay Programs.
BACKGROUND
Task I
The CIP includes two components (Residential Commercial) for the Annual Overlay Program
to provide repairs and overlays on the City's street system. The 2008 list of projects include:
Residential
Street From To
1. S 140 St 53r Ave S 55 Ave S
2. S 132 St 32 Ave S 34 Ave S
3. S 131 P1 Localized leveling East of Macadam Rd
4. S 139 St TIB 42n Ave S
5. S 140 St TIB 42 Ave S
6. S 137 St West of Macadam Rd as budget allows
Commercial
Street From To
7. S'center Pkwy Klickitat Dr Nordstrom Signal
8. Frager Road Localized leveling near creek crossing
9. Airport Way NB ramp from Boeing Access Rd
10. E Marginal Wy BAR Sound Transit Project
11. E Marginal Wy BAR Norfolk
12. S 130 PI South of S 129 St as budget allows
P:IPROJECTS\A- RW RS Projects108RW01 2008 Overlay Repair\ConSelctfor2008.doc
Mayor Haggerton
Page 2
February 7, 2008
Task 2 Other Work
Pavement ratings for all streets in the City will be updated to reflect current conditions and
entered into the Pavement Management System. Results from the updated Pavement
Management System will be used to prioritize future overlay and repair candidates, estimate
costs to maintain the street system to an acceptable condition, and assist in establishing an annual
budget for the Overlay Program.
An analysis of the estimated construction costs vs. budget will occur at the 50% design level. If
estimated project costs exceed the 2008 budget, then selected projects will be automatically
delayed and included in the 2009 Overlay Program. The scope of work will include the option to
supplement the contract for design of the 2009 Overlay Program.
ACTION TAKEN
In order to advertise the City's annual overlay program early in the year, work must begin in the
4 quarter of the previous year. The CIP budget was established to include the design costs for
2008 as well as funds to begin design for 2009. The 2008 consultant selection process also
includes selection for the 2009 Overlay Program.
Three firms were short- listed from the City's consultant roster of finis that indicated they
provide expertise in pavement design, overlay design and pavement management. All three
firms were rated based on the expertise and experience necessary to perform the work. KPG, Inc.
was selected as the most qualified (see rating sheet attached).
KPG, Inc., has provided design and construction services for the City in past years. A draft
Scope of Work and Fee Estimate are attached.
Contract Budget
Design (Commercial) $67,209.60 $100,000.00
Design (Residential) 22352.00 24.000.00
Totals $89,561.60 $124,000.00
RECOMMENDATION
Approve the selection of KPG, Inc. as Design Consultant for the 2008 and 2009 Overlay
Programs and authorize the Mayor to execute a contract with KPG, Inc., in the amount of
$89,561.60.
Attachments: 2008 Overlay Project Maps
Rating Sheet
KPG Letter dated 2/6/08
Eshibit A:Scope of Work
Exhibit B: Fee Estimate
P:\PROJECTS\A- RW RS Projects \08RW01 2008 Overlay Repair \ConSelctfor2008.doc
2008 OVERLAY PROJECTS VICINITY MAP
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/�1 I LI k 2008 OVERLAY PROJECTS
(o Cit2'y of Tukwila
z Vicinity o y February 7, 2008 Map
1908
CONSULTANT SELECTION
2008 2009 OVERLAY REPAIR PROGRAM
David Evans W H
Associates Pacific KPG
Project Manager 1 1 1
Pavement Design Rehabilitation
Repair Expertise 2 2 1
Agency Overlay
Program Management 1 1 1
Tukwila Overlay
Program Knowledge 2 1 1
Pavement Management
System Experience 2 2 1
Expertise Using
Federal Funds 1 1 1
TOTALS 9 8 6
For each category, highest score is 1 (with the lowest or worst score at 4)
Consultant with the lowest score is ranked the best.
P:IPROJECTS'A- RW RS Projects108RWO1 2008 Overlay Repair12008 consel
ECP 753 9th Acer.V
Seattle, WA 981
Fax 1 206 56.16.3
SEA1 1 LE TACOMA phone 12C61861t
ENGINEERS
ARCHITECTS
La.NDSCAPE ARCHITECTS is
SURVEYORS fm!
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February 6, 2008
Mr. Robin Tischmak, P.E.
City of Tukwila
Department of Public Works
6300 Southcenter Blvd.
Tukwila, WA 98188
Re: 2008 Overlay Program
Dear Robin,
KPG is pleased to submit to you the attached scope of work and hour and fee estimate for the
referenced project. The work scope includes preparation of plans, specifications and estimates
for the 2008 overlay program (Up to 12 sites total), construction support for Interurban Avenue,
and update of the Pavement Management Program by Pavement Engineers, Inc.
Our total estimated fee for this work is $89,561.60 and we are ready to begin immediately upon
your notice to proceed.
We look forward to working with you on this project. Please feel free to contact me at 206 -267-
1052 if you should have any questions or would like to discuss this proposal.
Very Truly Yp
i
Nelson Davis, P.E.
Principal
6
CONSULTANT AGREEMENT FOR
ROADWAY DESIGN SERVICES
THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred
to as "the City and KPG, Inc., hereinafter referred to as the Consultant in consideration of the
mutual benefits, terms, and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the City to perform roadway design
services in connection with the project titled 2008 Overlay Program
2_ Scope of Services. the Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor, materials, equipment and supplies
3_ Time for Performance. Work under this contract shall commence upon the giving of written
notice by the City to the Consultant to proceed. The Consultant shall perform all services and
provide all work product required pursuant to this Agreement within 365 calendar days from
the date written notice is given to proceed, unless an extension of such time is granted in
writing by the City
4 Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
"B" attached hereto, provided that the total amount of payment to the Consultant shall not
exceed $89,561 60 without express written modification of the Agreement signed by the
City.
B. the Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for that portion of the project completed to date. Such
vouchers will be checked by the City and, upon approval thereof; payment shall be made
to the Consultant in the amount approved_
C Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this Agreement and its acceptance by the City.
D. Payment is provided in this section shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals necessary to
complete the work.
E. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and state for a period of three (3)
years after final payments Copies shall be made available upon request.
5 Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not the Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
the Consultant's endeavors. The Consultant shall not be responsible for any use of the said
documents, drawings, specifications or other materials by the City on any project other than
the project specified in this Agreement.
6 Compliance with Laws. The Consultant shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations, applicable to the services to be rendered under this Agreement_
7_ Indemnification. The Consultant shall indemnify, defend and hold harmless the City, its
officers, agents and employees, from and against any and all claims, losses or liability,
including attorney's fees, arising from injury or death to persons or damage to property
occasioned by any act, omission or failure of the Consultant, its officers, agents and
employees, in performing the work required by this Agreement With respect to the perform-
ance of this Agreement and as to claims against the City, its officers, agents and employees,
the Consultant expressly waives its immunity under Title 51 of the Revised Code of
Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the
obligation to indemnify, defend and hold harmless provided for in this paragraph extends to
any claim brought by or on behalf of any employee of the Consultant. This waiver is mutually
negotiated by the parties_ Ihis paragraph shall not apply to any damage resulting from the
sole negligence of the City, its agents and employees. To the extent any of the damages
referenced by this paragraph were caused by or resulted from the concurrent negligence of the
City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid
and enforceable only to the extent of the negligence of the Consultant, its officers, agents and
employees_
8_ Insurance. The Consultant shall secure and maintain in force throughout the duration of this
contract comprehensive general liability insurance, with a minimum coverage of $500,000 per
occurrence and $1,000,000 aggregate for personal injury; and $500,000 per occurrence/
aggregate for property damage, and professional liability insurance in the amount of
$1,000,000
Said general liability policy shall name the City of Tukwila as an additional named insured
and shall include a provision prohibiting cancellation of said policy except upon thirty (30)
days prior written notice to the City. Certificates of coverage as required by this section shall
be delivered to the City within fifteen (15) days of execution of this Agreement_
9 Independent Contractor. The Consultant and the City agree that the Consultant is an inde-
pendent contractor with respect to the services provided pursuant to this Agreement Nothing
in this Agreement shall be considered to create the relationship of employer and employee
between the parties hereto. Neither the Consultant nor any employee of the Consultant shall
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be entitled to any benefits accorded City employees by virtue of the services provided under
this Agreement. The City shall not be responsible for withholding or otherwise deducting
federal income tax or social security or for contributing to the state industrial insurance
program, otherwise assuming the duties of an employer with respect to the Consultant, or any
employee of the Consultant_
10_ Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon
or resulting from the award or making of this contract_ For breach or violation of this warrant,
the City shall have the right to annul this contract without liability, or in its discretion to
deduct from the contract price or consideration, or otherwise recover, the full amount of such
fee, commission, percentage, brokerage fee, gift, or contingent fee
11_ Discrimination Prohibited. The Consultant, with regard to the work performed by it under
this Agreement, will not discriminate on the grounds of race, color, national origin, religion,
creed, age, sex or the presence of any physical or sensory handicap in the selection and
retention of employees or procurement of materials or supplies
12. Assignment. the Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
11 Non Waiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision
14. Termination.
A.. The City reserves the right to terminate this Agreement at any time by giving ten (10)
days written notice to the Consultant.
B In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City_ This section shall not be a bar to renegotiations of this Agreement
between surviving members of the Consultant and the City, if the City so chooses
15 Attorneys Fees and Costs. In the event either party shall bring suit against the other to
enforce any provision of this Agreement, the prevailing party in such suit shall be entitled to
recover its costs, including reasonable attorney's fees, incurred in such suit from the losing
party.
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16. Notices. Notices to the City of Tukwila shall be sent to the following address:
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
KPG, Inc_
753 9th Avenue N.
Seattle, WA 98109
17. Integrated Agreement. Ihis Agreement, together with attachments or addenda, represents
the entire and integrated Agreement between the City and the Consultant and supersedes all
prior negotiations, representations, or agreements written or oral This Agreement may be
amended only by written instrument signed by both the City and the Consultant..
DATED this day of 2008
CITY OF IUKWILA CONSULIANT
By:
Jim Haggerton, Mayor Fels n Davis
Principal
Title:
Attest/Authenticated: Approved as to Form:
Jane E. Cantu, CMC, City Clerk Office of the City Attorney
4
Exhibit A
City of Tukwila
2008 Overlay Program
Scope of work
February 6, 2008
TASK 1 2008 OVERLAY PROGRAM
The Consultant shall prepare final Plans, Specifications and Estimates for the following overlay
projects:
Commercial Roadways:
Frager Road: Localized leveling near slough at creek crossing
Southcenter Parkway Klickitat to Nordstrom signal, northbound inside lane maintenance
Airport Way Northbound Ramp from Boeing Access Road
E. Marginal Way Boeing Access Road to Sound Transit Project
E. Marginal Way Boeing Access Road to Norfolk
S. 130 Place South of S 129 Street as budget allows
Residential Roadways:
S 131 Place Localized leveling east of Macadam Road
S 132 Street 32 Avenue S to 34 Avenue S
S 140 Street 53` Avenue S to 55 Avenue S
S 139 Street Tukwila International Boulevard to 42n Avenue S
S 140 Street Tukwila International Boulevard to 42 Avenue S
S 137 Street West of Macadam as budget allows
The Consultant shall provide all necessary field reviews, base mapping, and utility notification
required to complete final bid documents. 40 copies of the final bid documents will be provided
to the City for bid advertisement. Interim review submittals (10 copies) will be prepared at the
50% and 90% stage of plan completion. The Consultant shall also prepare the bid tabulation,
check low bidder(s) references, and provide a recommendation for award to the City.
Permitting, environmental documentation, geotechnical review, or stormwater detention and
water quality have not been included in this scope and estimate.
Projects will be bid as a single bid package as budget allows. Projects may be re- prioritized or
deferred to a future overlay program based on available budget and other considerations.
Detailed estimates will be prepared at the 50% design to determine the final projects to be
included in the 2008 Overlay Program.
TASK 2— INTERUBAN AVENUE CONSTRUCTION SUPPORT
The Consultant will attend the pre- construction meeting, provide field observation services, and
prepare pay estimate for construction of the Interurban Avenue Overlay. It is anticipated that
construction will last 3 working days and will be completed in February, 2007.
TASK 3 PAVEMENT MANAGEMENT SUPPORT
An allowance of $15,000 is included to provide support and upgrades to the City's pavement
management system. This work will be performed primarily by Pavement Engineers, Inc. under
subcontract to the Consultant.
KPG 1 of 1 2008 Overlay Program
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TRANSPORTATION COMMITTEE Meeting Minutes
February 12, 2008 5:00 p.m.
PRESENT
Councilmembers: Pam Linder, Chair; Dennis Robertson and De'Sean Quinn
Staff: Jim Morrow, Bob Giberson, Frank Iriarte, Robin Tischmak and Kimberly Matej
CALL TO ORDER: Committee Chair Linder called the meeting to order at 5 :01 p.m.
L PRESENTATIONS No presentations.
II. BUSINESS AGENDA
A. 2008/2009 Overlay Program Consultant Selection and Agreement
Staff is seeking full Council approval of KPG, Inc. as the design consultant for the 2008/2009 Overlay Programs
and authorization for the Mayor to enter into a contract with said consultant in the amount of $89,561.60.
KPG, Inc. was selected from three consultants who provide pavement and overlay design and pavement
management. KPG, Inc. has provided services for the City in the past. Their past work has met staffs
expectations.
The consultant contract with KPG, Inc. is for 2008 design work; however, when estimated project costs exceed
the 2008 budget, the projects will automatically be delayed and included in the 2009 Overlay Program.
Additionally, in order to advertise in early 2009 for the Overlay Program, work must begin in the 4 quarter of
2008.
The City's annual investment in the overlay program is approximately $1 million. This pavement management
system evaluates the status of all the streets in order to fulfill the City's self-imposed maintenance requirement.
UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 25 COW MEETING FOR DISCUSSION.
B. Museum of Flight Pedestrian Bridge Airspace Lease
Staff is seeking full Council authorization for the Mayor to enter into a lease agreement with the Museum of
Flight for airspace required for a pedestrian bridge.
The Museum of Flight intends to construct a pedestrian bridge over East Marginal Way. This bridge will offer a
non traffic walkway for Museum visitors. The Museum received a Federal Transit Grant to assist in paying for
this safety project.
Since the bridge will encroach in the airspace over East Marginal Way, law requires the City to charge a fair
market value for the space as well as outline an agreement for use. Staff has negotiated an agreement for use, and
will charge $1,200 annually for the lease. Additionally, the City will impose the same requirements on the
Museum that are set for bridge requirements. The pedestrian bridge will be inspected every two years, resulting in
a formal report, and all required repairs will be made at the Museums' expense. Bridge construction will begin
shortly. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 25 COW MEETING FOR
DISCUSSION.
III. ANNOUNCEMENTS No announcements.
W. MISCELLANEOUS Meeting adjourned at 5 :38 p.m.
Next meeting: Monday, February 25, 2008 5:00 p.m. Conference Room 1
P.SL Committee Chair Approval
Minutes by KAM. Reviewed by BG.
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