HomeMy WebLinkAboutReg 2024-09-16 Item 5F - Contract - Comprehensive Landslide Assessment Plan with BGC Engineering USA for $134,500.00COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
09/16/24
JR
ITEM INFORMATION
ITEM No.
5.F.
STAFF SPONSOR: SHERRY EDQUID
ORIGINAL AGENDA DATE: 09/ 16/ 24
AGENDA ITEM TITLE Landslide Risk Assessment and Management Project Phase I
Consultant Services
CATEGORY ❑ Discussion
Mtg Date
a
Motion
Date 9/16/24
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Meg Date
Mtg
SPONSOR ❑Council ❑Mayor ❑HR ❑DCD ❑Finance ❑Fire ❑TS ❑Pe.,R ❑Police 11PW 0 Court
SPONSOR'S
SUMMARY
In 2023, the city received a FEMA's - Cooperating Technical Partners (CTP) grant to fund a
landslide study. BGC Engineering will provide a report that be used by the City in ways to
avoid, minimize and/or mitigate future landslide hazards. Council is being asked to approve
the Consultant Agreement with BGC Engineering in the amount of $134,500.00.
Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance
❑ LTAC ❑ Arts Comm. ❑ Parks
DATE: 08/26/24 COMMITTEE
Comm.
Comm
❑ Planning/Economic
Dev.
REVIEWED BY
❑ Planning Comm.
CHAIR: ARMEN PAPYAN
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE
Public Works Department
Unanimous Approval; Forward to Regular Consent Agenda Meeting
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$134,500.00 $0.00 $0.00
Fund Source: FEMA CTP GRANT
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
09/16/24
MTG. DATE
ATTACHMENTS
09/16/24
Informational Memorandum dated 08/23/24
Draft Scope
Consultant Contract
Minutes from Transportation and Infrastructure Committee meeting of 08/26/24
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City of Tukwila
Thomas McLeod, Mayor
Public Works Department - Pete Mayer, Interim Director
INFORMATIONAL MEMORANDUM
TO: Transportation and Infrastructure Committee
FROM: Pete Mayer, Interim Public Works Director
BY: Sherry Edquid, Levee and Floodplain Project Manager
CC: Mayor Thomas McLeod
DATE: August 23, 2024
SUBJECT: Landslide Risk Assessment and Management Project Phase I
Project No.
Consultant Services
ISSUE
Request to execute a Consultant Agreement for services with BGC Engineering to conduct a landslide
study. This work is being done in conjunction with DCD.
BACKGROUND
In 2023, the city received a FEMA's - Cooperating Technical Partners (CTP) grant to fund a landslide
study. BGC Engineering will be identifying and understanding landslide hazards with the overall goal of
reducing property damage and life loss.
ANALYSIS
BGC Engineering will provide a report that investigates existing and historical landslide information
including forestry health and location of critical infrastructure within these areas. The information will
then be summarized into a report which will includes GIS maps and recommendations. Additional
studies and field work could occur in phase II should grant funding become available.
This information can be used by the City in ways to avoid, minimize and/or mitigate future landslide
hazards.
FISCAL IMPACT
BGC Engineering has provided a cost not to exceed $134,500.00 to perform the attached scope of
work. This contract will be entirely funded by a FEMA CTP grant the city received which has no cost
share.
RECOMMENDATION
Council is being asked to approve the Consultant Agreement with BGC Engineering in the amount of
$134,500.00 and consider this item on the Consent Agenda at the September 16, 2024 Regular
Meeting.
Attachment: Draft Scope
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City of Tukwila Comprehensive Landslide Assessment Plan - a citywide assessment of landslide hazard and urban forestry health
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Provide supporting information for Tasks 3 and 5.
Relevant and available data layers will be compiled in Cambio.
LCD analysis results delivered in Cambio for review and interrogation by BGC for
this analysis and by Tukwila staff.
Custom configuration of Cambio workspace.
1-year Cambio subscription.
Landslide inventory and susceptibility maps in Cambio, or other format as
requested by Tukwila.
Delineation of Management Units (MU's) polygons.
Results presented in the final report. Relevant data layers and results of this task
will be delivered in Cambio (as decided upon by the project team).
Cost includes 10% markup.
Draft and final report summarizing methods, findings, and recommendations for
prioritization for areas of further study and potential mitigation.
Data delivery in Cambio, with access for Tukwila staff, to include results of Task 1,
2, 3, and 4.
Project management and meetings.
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Compile relevant and available public data related to geology and geologic hazard maps, imagery,
land use, and reasonably accessible/available consultant reports.
Compile reasonably accessible/available built environment information (sources: City of Tukwila and
other asset and landowners).
Interviews with Tukwila staff to communicate relevant historical knowledge of the area, including
known landslide events and histories, ground disturbance activities, mitigations, areas with drainage
or groundwater seepage issues, and other relevant site context information.
LCD analysis for the City of Tukwila to include two LCD comparisons with full -city coverage using
datasets from 2005, 2011, 2016, and 2021
Data delivery in Cambio (a web -enabled earth science data platform).
Cambio subscription for 1-year with access for up to 10 users.
Review and analysis of data compiled in Task 1 and 2.
Landslide inventory validation and additions, as needed.
Landslide susceptibility map.
Assessment of above with consideration for critical facilities and infrastructure, with the results of
the urban forest health assessment (Task 4) integrated as appropriate.
4.1 Forest cover type mapping to include GIS-based Urban Tree Canopy Assessment (UTC) and
delineation of Management Units (MU's) polygons with unique designations.
4.2 Field assessment, data collection, and ground proofing to include:
- ground validation by ISA-certified arborists.
- consideration for common urban forestry metrics.
Final report and data delivery. Will include collaboration between BGC & DRG.
Project management, maintaining communication between relevant parties, communicating project
progress to Tukwila, maintaining schedule and budget, and planning and facilitating milestone
meetings throughout the project (4 estimated meetings, varying from 1 to 2 hours in length).
- Kick-off mtg.
- Check -in mtg after Task 1 and 4.1.
- Review mtg to discuss preliminary findings and draft report.
- Final delivery mtg.
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Urban Forest Health
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Milestone Meetings &
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DAVEYt
Resource Group
08/12/2024
REVISED APPROACH -Tukwila 2024
DRG will complete a remotely sensed forest health assessment and inventory of forest cover types as well as ground -
proofing inspections of priority areas as directed by the City of Tukwila. Priority areas identified with increased risk
of slope failure and poor forest health will be field inspected. The data DRG collects can be used for long-range forest
health management, prioritizing funding and forest enhancement efforts, and possibly informing slope stability
assessments.
Task 4.1: Forest Cover Type Mapping:
After the kickoff meeting, DRG's GIS team will conduct an Urban Tree Canopy Assessment (UTC) to map forest
cover types. This cost-effective and accurate analysis of tree canopy and forest composition (deciduous vs conifer
forest) will be performed in the project area using remotely sensed and semi -automated feature extraction methods.
DRG will use these results, GIS aerial imagery, LiDAR, and boundary data to delineate park/open space areas into
Management Units (MU's) polygons. DRG will utilize elevation and contour data to process and record the aspect
and slope for each MU.
We will then assign each MU polygon one of the following land cover designations:
Foresteth > 25% of the area Ls covered by forest canopy
• Natural: Natural vegetation that has < 25% forest canopy cover
• Open Water: Open water without woody vegetation
• Hardscape: Impervious surface
• Landscape: Landscaped or has been mechanically maintained within the last year
Once these attributes have been established, DRG will run three years of vegetation health indices using multispectral
imagery to determine foliar conditions. These indices will be clipped to the canopy layer to understand tree health
conditions and how they have changed over time. Through this distinction by implementing statistical procedures,
DRG will identify locations of canopy health that change due to seasonal variances or if they are actual health declines.
Areas of moderate or major decline will be further inspected using field assessments by arborists. Additional
information provided in Task 4.2.
Ecosystem benefit data for air pollution, carbon storage and sequestration, and avoided runoff will also be calculated
to determine the value of forests and any potential threat of potential loss to future canopy.
COST FOR TASK 4.1: $29,884
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DAVEYt
Resource Group
Task 4.2: Field Assessment/Data Collection/Ground Proofing
After the forest cover mapping is completed, DRG will deploy ISA-certified arborists to supplement the information
about the MUs in priority areas identified through remotely sensed data. Ownership of these management units may
be public property parcels, private property parcels, or a combination of both. Ownership will have specific
implications for slope stability risk management. Where MU's have private property, the team may need to consider
visual evaluations or seek permission to trespass. DRG will consult with the City of Tukwila to finalize field data
solutions.
The team will work with City of Tukwila staff to evaluate the vegetation conditions in priority areas with steep slopes,
active landslide activity, poor forest health, and/or low canopy. The results of DRG's fieldwork effort will provide
the City with a vegetation management strategy for risk mitigation. Field staff will collect information about the
management units using a customized approach adapted from FLAT. This could include the identification of
hazardous trees, quantifying invasive vegetation, and quantifying tree sapling recruiting. The customizations are
intended to provide the City with actionable risk mitigation tactics.
COST FOR TASK 4.2
Preferred budget: $10,000
Applicable rates:
$150 per hour (ISA Certified Arborist Consulting)
$125 per hour (IT support and Customizations)
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City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number:
PROFESSIONAL SERVICES AGREEMENT
(Includes consultants, architects, engineers, accountants, and other professional services)
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as "the City", and BGC Engineering USA 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 a citywide assessment
of landslide hazard and urban forestry health services in connection with the project titled City
of Tukwila Comprehensive Landslide Assessment Plan.
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. The
Consultant agrees to perform the services consistent with
ordinarily exercised by other qualified consultants in the p
comparable circumstances. The Consultant makes
guarantee concerning the services.
3. Duration of Agreement; Time for Performanc,
effect fora period commencing upon execution
terminated under the provisions hereinafter spe
commence upon written notice by the Ci the Co
perform all services and provide all work
than September 30, 2025 unless an ext
4. Payment. The Consultant sha
and for services rendered u
A. Payment for the work pr
"B" attached her
exceed
the City.
standard of reasonable care
mance of similar services under
ess or implied warranty or
greemehall be in full force and
September 30, 2025, unless sooner
Work under this Agreement shall
ant to proceed. The Consultant shall
ursuant to this Agreement no later
time is granted in writing by the City.
City on a net 45-day basis for completed work
as follows:
y nsultant shall be made as provided on Exhibit
at the total amount of payment to the Consultant shall not
ress written modification of the Agreement signed by
B. The Consultant sub ' vouchers to the City once per month during the progress of
the work for partient for that portion of the project completed to date. Such
vouchers will be chec d 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 as 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 the state of Washington for a
period of three (3) years after final payments. Copies shall be made available upon
request.
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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, reports, data 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. The Consultant shall not be
responsible for any modification of the said documents, drawings, specifications or other
materials by the City or the City's other consultants.
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 rendered under this Agreement.
7. Indemnification. Subject to Consultant's limitation of liability, the Consultant shall defend,
indemnify and hold the City, its officers, officials, employees and volunteers harmless from any
and all claims, injuries, damages, losses or suits includin• -asonable attorney fees but
excluding claims for economic loss or diminution of propert : ue, to the extent caused by the
Consultant's performance of this Agreement, except for ' i , and damages caused by the
sole negligence of the City.
In the event of liability for damages arising ou odil injury 'ersons or damages to
property caused by or resulting from the concur ne nce of the Consultant and the City,
its officers, officials, employees, and volunteers, nsultant's liability hereunder shall be
only to the extent of the Consultant's - • ligence. is further specifically and expressly
understood that the indemnification pro : _ - ein titutes the Consultant's waiver of
immunity under Industrial Insurance, -'� , solely for the purposes of this
indemnification. This waiver has ► - - n mu nego ated by the parties. The provisions of
this section shall survive the e - i •r to nation of this Agreement.
8. Insurance. The Consulta all • - - maintain for the duration of the Agreement,
insurance against claims for I o p- s or damage to property which may arise from
or in connection with - or ce of the work hereunder by the Consultant, its agents,
representatives, or ultant's maintenance of insurance as required by the
agreement shall to II it the liability of the Consultant to the coverage provided
by such insurance, •therwis: imit the City's recourse to any remedy available at law or in
equity.
A. Minimum Amounts . Scope of Insurance. Consultant shall obtain insurance of the
types and with the limits described below:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury
and property damage of $1,000,000 per accident. Automobile Liability insurance
shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be
written on Insurance Services Office (ISO) form CA 00 01 or a substitute form
providing equivalent liability coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage.
2. Commercial General Liability insurance with limits no less than $2,000,000 each
occurrence, $2,000,000 general aggregate. Commercial General Liability
insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall
cover liability arising from premises, operations, stop -gap independent contractors
and personal injury and advertising injury. The City shall be named as an
additional insured under the Consultant's Commercial General Liability insurance
policy with respect to the work performed for the City using an additional insured
endorsement at least as broad as ISO endorsement form CG 20 26.
CA revised May 2020
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3. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
4. Professional Liability with limits no less than $2,000,000 per claim and $2,000,000
policy aggregate limit. Professional Liability insurance shall be appropriate to the
Consultant's profession.
B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher
Commercial General liability insurance limits than the minimums shown above, the Public
Entity shall be insured for the full available limits of Commercial General and Excess or
Umbrella liability maintained by the Contractor, irrespective of whether such limits
maintained by the Contractor are greater than those required by this Contract or whether
any certificate of insurance furnished to the Public Entity evidences limits of liability lower
than those maintained by the Contractor.
C. Other Insurance Provision. The Consultant's Automobile Liability and Commercial
General Liability insurance policies are to contain, or be endorsed to contain that they shall
be primary insurance with respect to the City. Any Insura► self-insurance, or insurance
pool coverage maintained by the City shall be excess he Consultant's insurance and
shall not be contributed or combined with it.
D.
E.
F.
Acceptability of Insurers. Insurance is to beced with urers with a current A.M.
Best rating of not less than A:VII.
Verification of Coverage. Consultant shall
copy of the amendatory endorsements, inc
additional insured endorsement, evi. i. the
before commencement of the work.
evidence of all subcontractors' covera
Notice of Cancellation. T
policy cancellation, withi
G. Failure to Maintain Ins
insurance as requ
may, after givi
immediately t
and pay any a
repaid to the City
the Consultant from
e City with original certificates and a
but not necessarily limited to the
ance requirements of the Contractor
e City, the Consultant shall furnish
hall provide the City with written notice of any
of their receipt of such notice.
on the part of the Consultant to maintain the
stitute a material breach of contract, upon which the City
ays notice to the Consultant to correct the breach,
or, at its discretion, procure or renew such insurance
in connection therewith, with any sums so expended to be
or at the sole discretion of the City, offset against funds due
9. Independent Contractor. The Consultant and the City agree that the Consultant is an
independent 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 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,
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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. Contractor, with regard to the work performed by it under this
Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin,
age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation,
the presence of any disability, or any other protected class status under state or federal law,
in the selection and retention of employees or procurement of materials or supplies.
12. Assignment. The City gives written consent for the Consultant to assign certain services to
their sub -consultant - Davey Resource Group. The Consultant shall not sublet or assign any
of the services covered by this Agreement without the express written consent of the City.
13. Non -Waiver. Waiver by either party 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 Agreemen�`any time by giving ten (10) days
written notice to the Consultant.
B. In the event of the death of a member, partner officer oil Consultant, or any of its
supervisory personnel assigned to the proje e surviving bers of the Consultant
hereby agree to complete the work under t term this Agreement, if requested to do
so by the City. This section shall not be a bar gotiations of this Agreement between
surviving members of the Consultan - nd the 'f the City so chooses.
15. Applicable Law; Venue; Attorney's F = . r ent shall be subject to, and the
Consultant shall at all times comply wi a.. able federal, state and local laws,
regulations, and rules, includin. •rovi of the City of Tukwila Municipal Code and
ordinances of the City of Tu a. I he e t any suit, arbitration, or other proceeding is
instituted to enforce any ter •f this - - •me the parties specifically understand and agree
that venue shall be properly I. '• g .. y, Washington. The prevailing party in any such
action shall be entitle • -as. - ble attorney's fees and costs of suit. Venue for any action
arising from or rela o thi 're- t shall be exclusively in King County Superior Court.
16. Severabilit and ival. If y term, condition or provision of this Agreement is declared
void or unenforceabl- limite' its application or effect, such event shall not affect any other
provisions hereof and a • • . rovisions shall remain fully enforceable. The provisions of this
Agreement, which by thsense and context are reasonably intended to survive the
completion, expiration or cancellation of this Agreement, shall survive termination of this
Agreement.
17. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
BGC Engineering USA Inc.
600 12th Street, Suite 300
Golden, CO 80401
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18. Entire Agreement; Modification. This 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. No
amendment or modification of this Agreement shall be of any force or effect unless it is in
writing and signed by the parties.
19. Limitation of Liability. The term "Consultant Group" means the Consultant, its affiliated
companies, and its and their respective employees, directors, officers, and
subconsultants. When capitalized in this Agreement, "Losses" means any claims, injuries,
damages, losses, suits, expenses, or other liability.
Notwithstanding any other provision of this Agreement to the contrary, the Consultant Group's
total aggregate liability to the City and anyone else claiming through or under the City for all
Losses arising out of, resulting from, or related in any way to this Agreement or the services
provided under this Agreement shall not exceed ONE MILLION U.S. Dollars ($1,000,000.00
USD). This aggregate limitation of liability applies: (i) to the fullest extent permitted by law; and
(ii) whether one or more Losses arise due to breach of contr
breach of warranty, strict liability, statutory liability, indem
recovery or liability at law or in equity. This section sur
this Agreement.
20. Waiver of Liability. In no event will either pa
damages or losses arising out of, resulting from,
services provided under this Agreement: (a)
special, indirect, or consequential dama• or
profit, lost revenue, lost product, lost goo
t, tort (including negligence),
duties, or any other theory of
e expiry or any termination of
le for anf the following kinds of
in any way to this Agreement or the
ry, aggravated, punitive, incidental,
usiness, business interruptions, lost
osts of capital, or lost data.
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DATED this
day of , 20
** City signatures to be obtained by ** Consultant signature to be obtained by
City Clerk's Staff ONLY. **
CITY OF TUKWILA
Thomas McLeod, Mayor
ATTEST/AUTHENTICATED:
Andy Youn, City Clerk
APPROVED AS TO FORM:
Office of the City Attorne
sponsor staff. **
CONSULTANT: BGC Engineering USA Inc
DocuSigned by:
B AOFF �,L t trod,
y' CO22r716Er407...
Printed Na► Geoff Claypool
Title.
CA revised May 2020
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City of Tukwila
City Council Transportation & Infrastructure Services Committee
Meeting Minutes
August 26, 2024, 5:30 p.m. - Hybrid Meeting; Duwamish Conference Room & MS Teams
Councilmembers Present: Armen Papyan, Chair; Dennis Martinez, Hannah Hedrick
Staff Present: Seong Kim, Adib Altallal, Griffin Lerner, Bryan Still, Laurel Humphrey,
Sherry Edquid
I. BUSINESS AGENDA
A. Construction Bid Award: Cured -In -Place Sewer Mains Lining
Staff is seeking approval of a bid award with Iron Horse LLC in the amount of $1,339,083.18
for construction of the project.
Committee Recommendation
Unanimous approval. Forward to September 16, 2024 Regular Consent Agenda.
B. Consultant Agreement: Landslide Risk Assessment and Management Project Phase 1
Staff is seeking approval of an agreement with BCG Engineering in the amount of $134,500.00
to conduct a landslide study.
*
Committee Recommendation
Unanimous approval. Forward to September 16, 2024 Regular Consent Agenda.
The meeting adjourned at 5:42 p.m.
AP
Committee Chair Approval
Minutes by LH
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