HomeMy WebLinkAboutReg 2013-01-22 Item 5E - Agreement - East Marginal Way Overlay and Repair with KPG for $124,978.05COUNCIL AGENDA SYNOPSIS
Initials
Meetin : Dale
01/22/13
Ma or's review
Council review
ITEM INFORMATION
ITEM No.
5.E.
89
STAFF SPONSOR: BOB GIBERSON
ORIGINAL AGENDA DATE: 01/22/13
AGENDA I'n r I TITLE Overlay and Repair - East Marginal Way S
Consultant Agreement with KPG, Inc.
CATEGORY n Discussion
Mtg Date
Motion
Date 01/22/13
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
P Bid Award
Mtg Date
n Public Heating
Mtg Date
❑ Other
Mtg Date
1
Mtg
SPONSOR Council Mayor n HR C DCD ❑ Finance ❑ Fire ❑ IT ❑ P &R ❑ Police
11 PW
SPONSOR'S This contract is for design of the Overlay and Repair of East Marginal Way South from
SUMMARY South 81st Place to Norfolk Street. KPG was determined to be the most qualified as we had
just selected KPG to design the 2013 Overlay & Repair Program in November 2012. The
Federal grant requires that the contract be separated for grant reimbursement. Council is
being asked to approve the design contract with KPG, Inc. in the amount of $124,978.05.
REVIEWED BY ❑ COW Mtg. ❑ CA &P Cmte ❑ F &S Cmte
Utilities Cmte [ Arts Comm. P1 Parks Comm.
DATE: 01/15/13 COMMITTEE CHAIR: KATE
L Transportation
Cmte
❑ Planning Comm.
KRULLER
RECOMMENDATIONS:
SPONSOR /ADMIN.
COMMIYTIE
Public Works Department
Unanimous Approval; Forward to Regular Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$124,978.05 $125,000.00 $0.00
Fund Source: 104 ARTERIAL STREET FUND (PAGE 15, 2013 CIP)
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
01/22/13
MTG. DATE
ATTACHMENTS
01/22/13
Informational Memorandum dated 01/11/13
Vicinity Map
2013 CIP, page 15
KPG Contract, Scope of Work, and Fee
Minutes from the Transportation Committee meeting of 01/15/13
89
90
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Transportation Committee
FROM: Bob Giberson, Public Works Director //
BY: Robin Tischmak, City Engineer
DATE: January 11, 2013
SUBJECT: 2013 Overlay and Repair Program — East Marginal Way S (S 81st PI to Norfolk St)
Project No. 91210406
Consultant Selection and Agreement
ISSUE
Execute a contract with KPG, Inc. to provide design services for the East Marginal Way S (S 81st
PI to Norfolk St) portion of the 2013 Overlay and Repair Program.
BACKGROUND
In October 2012, KPG, Inc. was selected to provide design engineering services for the City's 2013
Overlay and Repair Program. The award of federal funding for the overlay of East Marginal Way S
created the need to separate the federally funded project from the City funded street segments
within the Capital Improvement Program (CIP). A contract with KPG was previously executed with
funds included in the 2012 budget for the City funded portion of the 2013 Overlay Program. Since
the design funds for the federally funded East Marginal Way S project are included in the 2013
budget and a federal contract form is required, a separate contract has been created with KPG to
provide design services for East Marginal Way S.
DISCUSSION
KPG, Inc. has provided a contract, scope of work, and fee estimate to complete design of East
Marginal Way S as part of the 2013 Overlay and Repair Program and advertise for construction
bids.
FINANCIAL IMPACT
Contract Budget
Design Contract & Budget $ 124,978.05 $ 125,000.00
RECOMMENDATION
Council is being asked to approve the design contract with KPG, Inc. for the design of the Overlay
and Repair of East Marginal Way S in the amount of $124,978.05 and consider this item on the
Consent Agenda of the January 22, 2013 Regular Meeting.
Attachments: Vicinity Map
2013 CIP, page 15
Contract, Scope of Work and Fee Estimate
W:IPW Eng1PROJECTSIA- RW & RS Projects \EMW Overlay & Repair (91210406)1Info Memo Consult Select & Contractdocx
91
92
S 107 St
S 108 St
Rainier
Golf &
Country
Club
City of Tukwila
East Marginal Way South
Pavement Resurfacing
July 19, 2012
Vicinity
Map
94
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2013 to 2018
PROJECT: Overlay and Repair - East Marginal Way S Project No. 91210406
DESCRIPTION: Construct pavement preparation and an asphalt overlay of East Marginal Way South between S 81st PI
and S Norfolk Street, including new pavement markings.
JUSTIFICATION: Preserve and maintain the street structure in a safe and useable state by resurfacing before failure.
STATUS: New project for 2013 - 2018 CIP.
MAINT. IMPACT: Reduces annual maintenance.
COMMENT: Federal grant funding available through PSRC 2012 STP /CMAQ for $1,000,000.
FINANCIAL Through Estimated
2014
2015
2016
2017
2018
BEYOND TOTAL
EXPENSES
Design
125
125
Land (R/VV)
0
Const. Mgmt.
150
150
Construction
1,200
1,200
TOTAL EXPENSES
0
0
1,475
0
0
0
0
0
0
1,475
FUND SOURCES
Awarded Grant
0
Proposed Grant
1,000
1,000
Mitigation Actual
0
Impact Fees
0
City Oper. Revenue
0
0
475
0
0
0
0
0
0
475
TOTAL SOURCES
0
0
1,475
0
0
0
0
0
0
1,475
2013 - 2018 Capital Improvement Program
15
95
96
Local Agency
Standard Consultant
Agreement
Consultant/Address/Telephone
KPG
753 9th Avenue N
Seattle, WA 98199
206.286.1640
0 Architectural /Engineering Agreement
0 Personal Services Agreement
Agreement Number
Federal Aid Number
Project Title And Work Description
East Marginal Way Overlay
Norfolk to 81st Place South
Project design services and preparation of Bid
Documents.
Agreement Type (Choose one)
❑ Lump Sum
Lump Sum Amount $
❑ Cost Plus Fixed Fee
Overhead Progress Payment Rate
%
DBE Participation
Overhead Cost Method
❑ Actual Cost
■Yes ►�� No
Federal ID Number or Social Security Number
91- 1477622
• Actual Cost Not To Exceed
❑ Fixed Overhead Rate
Fixed Fee $
_ %
Do you require a 1099 for IRS? !Completion Date
❑ Yes ►5 No December 31, 2013
Total Amount Authorized $ 124,978.05
0 Specific Rates Of Pay
e Negotiated Hourly Rate
Management Reserve Fund $
• Provisional Hourly Rate
Maximum Amount Payable $ 124,978.05
❑ Cost Per Unit of Work
Index of Exhibits (Check all that apply):
® Exhibit A -1 Scope of Work
❑ Exhibit A -2 Task Order Agreement
❑ Exhibit B -1 DBE Utilization Certification
❑ Exhibit C Electronic Exchange of Data
❑ Exhibit D -1 Payment - Lump Sum
❑ Exhibit D -2 Payment - Cost Plus
® Exhibit D -3 Payment - Hourly Rate
❑ Exhibit D-4 Payment - Provisional
❑ Exhibit E -1 Fee - Lump /Fixed/Unit
® Exhibit E -2 Fee - Specific Rates
❑ Exhibit F Overhead Cost
® Exhibit G Subcontracted Work
❑ Exhibit G -1 Subconsultant Fee
® Exhibit G -2 Fee -Sub Specific Rates
❑ Exhibit G -3 Sub Overhead Cost
® Exhibit H Title VI Assurances
® Exhibit I Payment Upon Termination of Agreement
® Exhibit J Alleged Consultant Design Error Procedures
® Exhibit K Consultant Claim Procedures
❑ Exhibit L Liability Insurance Increase
® Exhibit M -la Consultant Certification
® Exhibit M -lb Agency Official Certification
® Exhibit M -2 Certification - Primary
® Exhibit M -3 Lobbying Certification
® Exhibit M -4 Pricing Data Certification
❑ App. 31.910 Supplemental Signature Page
THIS AGREEMENT, made and entered into this day of
between the Local Agency of
and the above organization hereinafter called the "CONSULTANT ".
DOT Form 140 -089 EF
Revised 3/2008
Page 1 of 8
, Washington, hereinafter called the "AGENCY" ,
97
WITNESSET.H THAT:
WHEREAS, the AGENCY desires to accomplish the above referenced project, and
WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it
advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT;
and
WHEREAS, the CONSULTANT represents that he /she is in compliance with the Washington State Statutes relating to
professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY,
NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached
and incorporated and made a part hereof, the parties hereto agree as follows:
I General Description of Work
The work under this AGREEMENT shall consist of the above described work and services as herein defined and
necessary to accomplish the completed work for this PROJECT. The CONSULTANT shall furnish all services, labor, and
related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT.
II Scope of Work
The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit "A" attached hereto and
by this reference made a part of this AGREEMENT.
Ill General Requirements
All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive
advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be
coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress and presentation meetings
with the AGENCY and /or such Federal, State, Community, City or County officials, groups or individuals as may be
requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring
CONSULTANT participation. The minimum required hours or days notice shall be agreed to between the AGENCY and
the CONSULTANT and shown in Exhibit "A."
The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in
written and graphical form the various phases and the order of performance of the work in sufficient detail so that the
progress of the work can easily be evaluated.
The CONSULTANT, and each SUBCONSULTANT, shall not discriminate on the basis of race, color, national origin, or
sex in the performance of this contract. The CONSULTANT, and each SUBCONSULTANT, shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of USDOT- assisted contracts. Failure by the
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the
termination of this AGREEMENT.
Participation for Disadvantaged Business Enterprises (DBE), if required, per 49 CFR Part 26, or participation of Minority
Business Enterprises (MBE), and Women Business Enterprises (WBE), shall be shown on the heading of this
AGREEMENT. If D /M /WBE firms are utilized, the amounts authorized to each firm and their certification number will be
shown on Exhibit `B" attached hereto and by this reference made a part of this AGREEMENT. If the Prime
CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the
AGENCY'S "DBE Program Participation Plan". The mandatory DBE participation goals of the AGREEMENT are those
established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the
AGENCY.
All Reports, PS &E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All
electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C."
All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the
CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT,
and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY
of any such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to
the CONSULTANT.
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IV Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the
AGENCY.
All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under
completion date.
The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but
may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable
delays caused by an act of GOD or governmental actions or other conditions beyond the control of the
CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established
completion time.
V Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this
AGREEMENT as provided in Exhibit "D" attached hereto, and by reference made part of this AGREEMENT. Such
payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies,
equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable
portions of 48 CFR Part 31.
A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the State
Auditor, WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager.
VI Sub - Contracting
The AGENCY permits sub - contracts for those items of work as shown in Exhibit "G" attached hereto and by this
reference made part of this AGREEMENT.
Compensation for this sub - consultant work shall be based on the cost factors shown on Exhibit "G."
The work of the sub - consultant shall not exceed its maximum amount payable unless a prior written approval has been
issued by the AGENCY.
All reimbursable direct labor, overhead, direct non -salary costs and fixed fee costs for the sub - consultant shall be
substantiated in the same manner as outlined in Section V. All sub - contracts shall contain all applicable provisions of
this AGREEMENT.
With respect to sub - consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt
Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
The CONSULTANT shall not sub - contract for the performance of any work under this AGREEMENT without prior
written permission of the AGENCY. No permission for sub - contracting shall create, between the AGENCY and sub-
contractor, any contract or any other relationship. A DBE certified sub - consultant is required to perform a minimum
amount of their sub - contracted agreement that is established by the WSDOT Highways and Local Programs Project
Development Engineer in consultation with the AGENCY.
VII Employment
The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide
employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to
pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee,
commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or
making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this
AGREEMENT without liability or, in its 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.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or
services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the
CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's
Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a
Page 3 of 8
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third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons
while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and
responsibility of the CONSULTANT.
The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of the contract, any
professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ
of the United States Department of Transportation, or the STATE, or the AGENCY, except regularly retired
employees, without written consent of the public employer of such person.
VIII Nondiscrimination
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest agrees
to comply with the following laws and regulations:
Title VI of the Civil Rights Act of 1964
(42 USC Chapter 21 Subchapter V Section 2000d through 2000d -4a)
Federal -aid Highway Act of 1973
(23 USC Chapter 3 Section 324)
Rehabilitation Act of 1973
(29 USC Chapter 16 Subchapter V Section 794)
Age Discrimination Act of 1975
(42 USC Chapter 76 Section 6101 et seq.)
Civil Rights Restoration Act of 1987
(Public Law 100 -259)
American with Disabilities Act of 1990
(42 USC Chapter 126 Section 12101 et. seq.)
49 CFR Part 21
23 CFR Part 200
RCW 49.60.180
In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "H"
attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "H" in
every sub - contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or
directives issued pursuant thereto.
IX Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten (10) days written notice to
the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the
CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit "1" for the type of
AGREEMENT used.
No payment shall be made for any work completed after ten (10) days following receipt by the CONSULTANT of the
Notice to Terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds
the total amount that would be due when computed as set forth herein above, then no final payment shall be due and the
CONSULTANT shall immediately reimburse the AGENCY for any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT,
the above formula for payment shall not apply.
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in such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual
costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally
required which was satisfactorily completed to date of termination, whether that work is in a form or a type which is
usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the
work required and the time which may be required to do so, and other factors which affect the value to the AGENCY
of the work performed at the time of termination.
Under no circumstances shall payment made under this subsection exceed the amount, which would have been made
using the formula set forth above.
If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to
perform is without the CONSULTANT'S or it's employee's default or negligence, the termination shall be deemed to
be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for
actual costs in accordance with the termination for other than default clauses listed previously.
In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel
assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the
principally involved employee, 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 AGENCY. This subsection shall not be a bar to
renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the
AGENCY so chooses.
In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the
CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment shall be made as
set forth in the second paragraph of this section.
Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of
any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for
failure of the CONSULTANT to perform work required of it by the AGENCY. Forbearance of any rights under the
AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or
omission by the CONSULTANT.
X Changes of Work
The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary
to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof.
Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts
thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work
shall be considered as Extra Work and will be paid for as herein provided under Section XIV.
XI Disputes
Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the
CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY
Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided,
however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that
decision shall be subject to de novo judicial review. If the parties to this AGREEMENT mutually agree, disputes
concerning alleged design errors will be conducted under the procedures found in Exhibit "J ", and disputes concerning
claims will be conducted under the procedures found in Exhibit "K ".
XII Venue, Applicable Law, and Personal Jurisdiction
In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or
obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior
court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that
all questions shall be resolved by application of Washington law and that the parties to such action shall have the right
of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington. The
CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated
in the county in which the AGENCY is located.
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XIII Legal Relations
The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be
done under this AGREEMENT. This contract shall be interpreted and construed in accordance with the laws of the
State of Washington.
The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless
from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or
in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT; provided
that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold
harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or
the STATE, their agents, officers and employees; and provided further that if the claims or suits are caused by or result
from the concurrent negligence of (a) the CONSULTANT'S agents or employees, and (b) the AGENCY or the
STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon
such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and
enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents
or employees.
The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor.
The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23,
which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULTANT specifically
assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and,
solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under
the state industrial insurance law, Title 51 RCW.
Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction
contracts, if any, on the PROJECT. Subject to the processing of a new sole source, or an acceptable supplemental
agreement, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract administration. By
providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job
site safety, or any construction contractor's failure to perform its work in accordance with the contract documents.
The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as otherwise required,
the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to
Title 48 RCW.
Insurance Coverage
A. Worker's compensation and employer's liability insurance as required by the STATE.
B. Commercial general liability and property damage insurance in an aggregate amount not less than two million
dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall
not exceed one million dollars ($1,000,000).
C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000)
combined single limit.
Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the
CONSULTANT, the AGENCY will be named on all policies as an additional insured. The CONSULTANT shall
furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT. The AGENCY
reserves the right to require complete, certified copies of all required insurance policies at any time.
All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The
CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of
this AGREEMENT to the AGENCY.
No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY.
The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this
AGREEMENT or one million ($1,000,000) dollars, whichever is the greater, unless modified by Exhibit "L". in no
case shall the CONSULTANT'S professional liability to third parties be limited in any way.
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The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this
section. This remedy is not exclusive; and the AGENCY and the STATE may take such other action as is available to it
under other provisions of this AGREEMENT, or otherwise in law.
XIV Extra Work
A. The AGENCY may at any time, by written order, make changes within the general scope of the AGREEMENT in
the services to be performed.
B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of
any part of the work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other
terms and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the (1) maximum
amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify the
AGREEMENT accordingly.
C. The CONSULTANT must submit any "request for equitable adjustment ", hereafter referred to as "CLAIM ", under
this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides
that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of the
AGREEMENT.
D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause
shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E. Notwithstanding the terms and conditions of paragraphs (A) and (B) above, the maximum amount payable for this
AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this
AGREEMENT.
XV Endorsement of Plans
If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data
furnished by them.
XVI Federal and State Review
The Federal Highway Administration and the Washington State Department of Transportation shall have the right to
participate in the review or examination of the work in progress.
XVII Certification of the Consultant and the Agency
Attached hereto as Exhibit "M -1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "M
-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions,
Exhibit "M -3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "M -4"
Certificate of Current Cost or Pricing Data. Exhibit "M -3" is required only in AGREEMENTS over $100,000 and
Exhibit "M -4" is required only in AGREEMENTS over $500,000.
XVIII Complete Agreement
This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the
parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be
liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or
modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to
this AGREEMENT.
XIX Execution and Acceptance
This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an
original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations,
warranties, covenants, and agreements contained in the proposal, and the supporting material submitted by the
CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof.
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103
In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the
"Execution Date" box on page one (1) of this AGREEMENT.
By By
Consultant Agency
DOT Form 140 -089 EF
Revised 3/2008
104
Page 8 of 8
EXHIBIT A -1
City of Tukwila
East Marginal Way Overlay
Norfolk to 81st Place S
Scope of Work
January 7, 2013
PURPOSE:
This project includes preparation of final Plans, Specifications and Estimates for
approximately 6,600 linear feet of East Marginal Way between Norfolk Street S and the
existing overlay joint south of 81St Place S. The project received funding from a PSRC
Preservation Grant for construction in 2013.
Work includes necessary base mapping, design, National Environmental Protection
Agency (NEPA) environmental documentation, utility coordination, and WSDOT
coordination for funding requirement compliance.
SCOPE OF WORK:
Task 1 Project Management
1.1 The estimated project duration is 4 months. The Consultant shall provide overall
project management including:
♦ Project staff management and coordination
• Subconsultant management and coordination
♦ Prepare and update project schedule
♦ Schedule and budget monitoring
1.2 Provide QA / QC reviews by senior staff of all major deliverables prior to
submittal to the City.
Task 2 Prepare Base Maps
2.1 The Consultant shall prepare project base maps based on available City aerial
maps and field measurements for curbs, channelization, utility castings, loops,
etc.
2.2 The Consultant will perform field reviews using a smart level to verify compliance
or necessary documentation for ADA compliance. This information is required to
City of Tukwila
E. Marginal Way Overlay Page 1 of 3
KPG, Inc.
January 7, 2013
105
verify and /or upgrade curb ramps to current ADA requirements in accordance
with federal funding requirements.
Task 3 100% Plans, Specifications, and Estimate
The Consultant shall prepare Final Plans, Specifications and Estimates for
advertisement and award by the City. Plans shall be formatted to provide sufficient
detail for convenient field layout of all proposed facilities. City standard details and
WSDOT standard plans will be supplemented with project specific details as required.
Final bid documents will be signed by a licensed professional engineer in the State of
Washington.
3.1 The Consultant shall prepare 50% Plans and Estimate for City review and
comment.
3.2 The Consultant shall incorporate City comments and prepare 90% Plans,
Specifications, and Estimate for City review and comment. Specifications will be
based on WSDOT /APWA standards and applicable LAG standards to meet
funding agency requirements.
3.3 The Consultant shall incorporate comments and finalize bid documents. Bid
documents will be uploaded to bxwa.com for advertisement. Fees for
advertisement will be paid by the City.
3.4 The Consultant shall obtain traffic counts and heavy vehicle classifications at two
(2) locations along the corridor for use in pavement analysis and design.
Pavement analysis will be performed by GeoDesign under subcontract to the
Consultant in accordance with the scope of work included in Attachment 1.
3.5 The Consultant shall provide bid period services to include responses to bidder
inquiries, preparation of addenda, attendance at bid opening, preparation of bid
tabulation, and recommendation to award or reject the apparent low bidder. The
budget assumes a straight forward review process with the low bidder receiving
the contract award.
Task 4 Permitting and Agency Coordination
4.1 The Consultant shall distribute 50% and 90% to utility providers along the
corridor for verification of their facilities and identification of any necessary
upgrades or repairs prior to overlay.
4.2 The Consultant shall coordinate and provide graphic support for NEPA
documentation. NEPA documentation will be performed by Widener and
Associates under subcontract to the Consultant in accordance with the scope of
City of Tukwila KPG, Inc.
E. Marginal Way Overlay Page 2 of 3 January 7, 2013
106
work included in Attachment 2.
4.3 The Consultant shall coordinate with WSDOT to obtain authorization to advertise
for bids. This work is anticipated to include submittal of NEPA documents,
project specifications, and ADA compliance /Maximum Extent Feasible (MEF)
documentation at curb ramps. No WSDOT Channelization Plan or signal
approvals are anticipated.
ADDITIONAL SERVICES:
The City of Tukwila may require other services of the consultant. These services could
include additional design, right of way, environmental documentation, construction
phase services, or other work tasks not included in the scope of work. At the time these
services are required, the Consultant will provide the City with a detailed scope of work
and an hour and fee estimate. The Consultant will not proceed with the work until the
City has authorized the work and issued a Notice to Proceed.
Assumptions:
• Typically, only surface utilities requiring adjustment to grade will be shown.
• Drainage & Water Quality Reports will not be required.
• Environmental Documentation requirements will be in accordance with the
scope of work included in Attachment 2.
• No storm, sewer, water, or electrical upgrades are required beyond loop
replacement and casting adjustments.
• No right of way determination or acquisition is required.
• No railroad permits are required.
Deliverables
• 50% review submittal with Plans and Estimate (5 copies)
• 90% review submittal with Plans, Specifications, and Estimate (5 copies)
• Routing of 50% and 90% Plans to utilities for review and comment.
• Bid Documents and Engineer's Estimate for 2013 Overlay Program
• 10 sets of Plans (11" X 17 ") and specifications for the Bid Documents.
• Coordinate upload of Plans and Specifications to Builders Exchange.
City of Tukwila KPG, Inc.
E. Marginal Way Overlay Page 3 of 3 January 7, 2013
107
108
IDESIGN?
December 21, 2012
KPG, Inc.
753 9`h Avenue North
Seattle, WA 98109
u 6 T A
Attention: Mr. Nelson Davis, P.E.
INTRODUCTION
Proposal
Pavement Engineering Services
E. Marginal Way, Norfolk to 81"
Tukwila, Washington
GeoDesign Project: KPG -15 -01
GeoDesign, Inc. is pleased to submit this proposal for pavement engineering on approximately
6,600 lineal feet of East Marginal Way from South Norfolk Street to just south of South 81" Place,
East Marginal Way is a principal arterial with between two to three lanes in each direction and a
center turn lane. The road surface is asphalt concrete; however, based on information provided
by Mr. Nelson Davis, we understand that the road structure includes sections of hot mix asphalt
over base structures of aggregate, concrete, and brick.
SCOPE OF SERVICES
The project includes pavement testing and explorations to provide pavement rehabilitation
recommendations. Rather than just completing corings at isolated locations along the roadway
to explore pavement and underlying soil conditions we recommend completing a falling weight
deflectometer (FWD) with ground penetrating radar (GPR) survey along the project alignment to
support the design of the overlay and /or new pavements.
FWD testing is non - destructive and provides accurate information regarding the structural
capacity of the pavement and identifies underlying issues that can cause surface distress. Using
FWD linked with global positioning system coordinates provides location- specific results and
rehabilitation of the pavement based on variable conditions rather than on the conditions
observed at limited boring locations. More importantly, FWD -based rehabilitation designs are
based on in situ conditions measured at each test location rather than on a limited number of
observations at the boring locations. FWD -based designs can also be tailored to fit urban
geometric constraints using grind, inlay, and overlay construction methods.
10700 Meridian Avenue North, Suite 210 I Seattle, WA 98133 1 206.838.9900 www.geodesigninc.com
109
Coupling a GPR survey with the FWD provides additional pavement thickness information
between coring locations, which can identify variations in pavement thickness along the
alignment that can impact overlay options. It also allows for reducing the number of coring
locations and laboratory testing than those required for a typical coring -only study.
We are providing two scopes of work for your consideration: one in which the field investigation
is limited to just coring the roadway and completing borings to depths up to 4 feet below ground
surface (BGS) and a second in which the field investigation includes both coring and the FWD
survey. The costs are comparable; however, we believe the FWD survey will provide significantly
more information and improve the identification of and selection of applicable overlay options.
OPTION 1: CORING ONLY
The field investigation for Option 1 is limited to coring and shallow subsurface exploration to a
depth of 4 feet BGS. Rehabilitation recommendations will be based on conditions identified at
the boring locations and the selection of subgrade and pavement support parameters based on
experience, observation, and laboratory testing or a limited number of samples. The specific
scope of work for Option 1 includes the following:
• Complete a distress survey of the existing pavement, including logging the extent of
cracking, rutting, and other distresses.
• Complete a traffic control plan for the proposed work.
• Provide traffic control during the explorations and FWD testing.
• Explore subsurface conditions in the road right -of -way by completing up to 20 cores to
depths of up to 4 feet BGS.
• Maintain a detailed log of the explorations, and obtain samples of the pavement, base, and
subgrade material encountered.
• Obtain soil samples at select depths in the core /boring explorations.
• Complete the following laboratory tests:
• Moisture tests on up to 18 selected soil samples
• Testing for Atterberg limits on up to three select soil samples
• Testing on material passing the U.S. Standard No. 200 Sieve on three select soil samples
• Resilient modulus testing on up to five samples
• Evaluate rehabilitation overlay options based on subgrade conditions, soil borings, and traffic
data.
• Provide pavement structural designs for base repair and reconstruction sections.
• Make recommendations regarding pavement areas to be rehabilitated by reconstruction.
• Provide recommendations for materials and construction.
• Provide a report summarizing our recommendations.
OPTION 2: CORING WITH FWD SURVEY
The second scope of work option will include an FWD survey with GPR as part of the field
investigation. The FWD survey will allow for the development of rehabilitation options that are
based on in situ conditions measured at each FWD test location rather than on a limited number
of observations at the boring locations. Although cores will still be completed, the number of
deep cores can be decreased and the amount of laboratory testing necessary will be decreased.
The specific scope of work for Option 2 includes the following:
GEO
110
DESIGN=
2 KPC -15- 01:122112
• Complete a distress survey of the existing pavement, including logging the extent of
cracking, rutting, and other distresses.
• Complete a traffic control plan for the proposed work.
• Provide traffic control during the explorations and FWD testing.
• Provide FWD tests at 150 -foot intervals on each travel lane of the roadway for a total of
approximately 220 test locations.
• Explore subsurface conditions in the road right -of -way by completing up to 16 cores to
depths of up to 4 feet BGS and up to 6 shallow cores to investigation the depth of cracks.
• Maintain a detailed log of the explorations, and obtain samples of the pavement, base, and
subgrade material encountered.
• Obtain soil samples at select depths in the core /boring explorations.
• Complete the following laboratory tests:
• Moisture tests on up to 18 selected soil samples
• Testing on material passing the U.S. Standard No. 200 Sieve on three select soil samples
• Evaluate rehabilitation overlay options based on subgrade conditions, soil borings, and traffic
data.
• Provide pavement structural designs for base repair and reconstruction sections.
• Make recommendations regarding pavement areas to be rehabilitated by reconstruction.
• Provide recommendations for materials and construction.
• Provide a report summarizing our recommendations.
SCHEDULE
We will schedule our work immediately. We will complete our explorations within five weeks of
your authorization to proceed. Our draft report will be available two to three weeks after
completing our explorations. Preliminary results can be provided as they are developed.
FEE
For the scope of services described, we will complete the work on a time and expense basis for a
not to exceed fee that will be based on the option selected. We propose that our services be
provided in accordance with our Schedule of Charges and General Conditions, which are attached
to and part of this proposal. An approximate itemization of our expenditures for each option is
provided below.
OPTION 1: CORING ONLY
GeoDesig n
Distress Survey and Field Investigation (20 cores) $4,900
Laboratory Testing 4,800
Pavement Analysis and Report Preparation 7,000
Project Management and Permitting 1.200
Subtotal $17,900
GEO
DESIGN? 3 KPG -15- 01:122112
111
Subcontractor Services
Drilling /Coring $6,000
Traffic Control 2,700
Utility Locate Services 700
Subtotal $9,400
Project Total $27,300
OPTION 2: CORING WITH FWD SURVEY
GeoDesign
Distress Survey, Coring, and FWD Survey $7,500
Laboratory Testing 1,280
Pavement Analysis and Report Preparation 7,000
Project Management and Permitting 1.200
Subtotal $16,980
Subcontractor Services
Drilling /Coring $5,000
Traffic Control 3,400
Utility Locate Services 700
Subtotal $9,100
Project Total $26,080
Services requested in addition to the preceding scope of work will be billed on a time and
expense basis in accordance with our attached Schedule of Charges. We will not proceed with an
increased scope of work without your prior authorization.
G EO
112
DESIGN
♦♦♦
4 KPG -15- 01:122112
We appreciate the opportunity to submit this proposal. Please give us a call if you have
questions. Formal authorization for our services can be provided by returning one signed copy
of this proposal.
Sincerely,
GeoDesign, Inc.
Krey D. Younge
Associate Engineer
Kevin J. La , P.E.
Principal Engineer
KDY:KJL•kt
Attachment
One copy submitted (via email only)
Document ID: KPG- 1 5-01 -1 221 1 2- geop.docx
Co 2012 GeoDesign, Inc. All rights reserved.
The scope of services and terms described herein are accepted, and GeoDesign, Inc. is
authorized to proceed.
by
Organization Sig nature*
Date
by
by
Name Printed
Title
*Individual with contracting authority and responsible for payment of GeoDesign, Inc.'s fees.
GEO
DESIGN? 5 KPG -15- 01:122112
113
114
GF /I 7 /d
At- 1- 1-34 -c ',-.n � I- 2
SCOPE OF WORK
Task 1 - Data Collection
Widener with assistance from the City will collect available documentation concerning
the project activities and pertinent biological information. Biological information will
include priority habitat and species data from the Washington State Department of Fish
and Wildlife along with rare plant and high - quality ecosystem data from WDNR. The
above data along with past permit actions in the project area will provide a basis for
conducting an onsite habitat survey of the project and the adjoining seabed. All habitat
areas will be mapped and documented in the project base map.
Task 2 — APE/Exemption Letter
This work would include the preparation of an APE/Exemption Letter in accordance with
the LAG manual. The work will include the following subtasks.
1. Pertinent literature on the archaeology, ethnography, and history of the project
area will be reviewed to determine the existence of archaeological sites and to
refine the probability of archaeological resources and traditional cultural places in
the project areas.
2. A field reconnaissance consisting of a visual survey will be conducted to identify
previously recorded and/or unrecorded archaeological sites for the proposed
project where ground- disturbing activities are expected to take place. An
APE/Exemption letter will be prepared and submitted to WSDOT for approval.
Rights -of -entry will be provided by the City.
Deliverables
1. Electronic copies of a draft APE/Exemption Letter incorporating City comments.
2. Electronic final letter incorporating WSDOT comments will be provided to the
City and WSDOT.
Task 3 — Section 7 Endangered Species Act Compliance Documentation.
A No Effect analysis will be prepared in accordance with WSDOT guidelines and
incorporated into the ECS. The following subtasks will be undertaken in preparation of
the form.
1. Conduct a field reconnaissance to investigate on -site habitat conditions.
2. Make telephone contact with the appropriate resource agency staff for input on
species occurrence, habitat use, and potential project impacts.
3. Prepare documentation for a No Effect Determination incorporated into an ECS
Deliverable
Exhibit A Scope of Work for Environmental Services for
EAST MARGIN WAY OVERLAY PROJECT
City of Tukwila
WIDENER & ASSOCIATES
December 2012
:1 Page
115
SCOPE OF WORK
1. No effect analysis which will be attached to the ESC.
Task 7 — ECS
Services will be provided to prepare the Environmental Classification Summary (ECS)
form by reviewing technical reports related to the project, applying project- specific data
to the form and coordinating approval for the project by both WSDOT and FHWA.
Deliverables
1. Electronic copies of the draft ECS will be provided.
2. Electronic copies of the final ECS documentation will be provided incorporating
City comments.
3. Electronic copies of the final ECS documentation will be provided incorporating
WSDOT/FHWA comments if required. It is assumed that WSDOT/FHWA
comments will not alter the basic conclusion of the documentation or require
further alternative studies.
Exhibit A Scope of Work for Environmental Services for
EAST MARGIN WAY OVERLAY PROJECT
City of Tukwila
WIDENER & ASSOCIATES
December 2012
116
2IPage
Exhibit D -3
Payment (Negotiated Hourly Rate)
The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this
AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or
services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the
work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31.
Hourly Rates: The CONSULTANT shall be paid by the AGENCY for work done, based upon the
negotiated hourly rates shown in Exhibit "E" and "F" attached hereto and by this reference made
part of this AGREEMENT. The rates listed shall be applicable for the first twelve (12) month
period and shall be subject to negotiation for the following twelve (12) month period upon request
of the CONSULTANT or the AGENCY. If negotiations are not conducted for the second or
subsequent twelve (12) month periods within ninety (90) days after completion of the previous
period, the rates listed in this AGREEMENT, or subsequent written authorization(s) from the
AGENCY shall be utilized. The rates are inclusive of direct salaries, payroll additives, overhead,
and fee. The CONSULTANT shall maintain support data to verify the hours billed on the
AGREEMENT.
2. Direct Non - Salary Costs: Direct Non -Salary Costs will be reimbursed at the Actual Cost to the
CONSULTANT. These charges may include, but are not limited to, the following items: travel,
printing, long distance telephone, supplies, computer charges and sub - consultant costs.
a.
Air or train travel will be reimbursed only to economy class levels unless
otherwise approved by the AGENCY. The CONSULTANT shall comply with
the rules and regulations regarding travel costs (excluding air, train, and rental
car costs) in accordance with the AGENCY'S Travel Rules and Procedures.
However, air, train, and rental car costs shall be reimbursed in accordance with
48 CFR Part 31.205 -46 "Travel Costs."
b. The billing for Direct Non -Salary Costs shall include an itemized listing of
the charges directly identifiable with the PROJECT.
c.
The CONSULTANT shall maintain the original supporting documents in their
office. Copies of the original supporting documents shall be supplied to the
AGENCY upon request.
d. All above charges must be necessary for the services provided under this
AGREEMENT.
3. Management Reserve Fund: The AGENCY may desire to establish a Management Reserve Fund to
provide the Agreement Administrator with the flexibility to authorize additional funds to the
AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional
work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing
and shall not exceed the lesser of $100,000 or 10% of the Total Amount Authorized as shown in the
heading of this AGREEMENT. The amount included for the Management Reserve Fund is shown
in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring
additional costs in excess of the Management Reserve Fund shall be made in accordance with
Section XIV, "Extra Work."
DOT Form 140 -089 EF Exhibit D -3
Revised 3/09
117
4. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the
CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of
this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount
Authorized, and the Management Reserve Fund. The Maximum Total Amount Payable does not
include payment for Extra Work as stipulated in Section XIV, "Extra Work." No minimum
amount payable is guaranteed under this AGREEMENT.
5. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs
authorized in 1 and 2 above. The monthly billing shall be supported by detailed statements for
hours expended at the rates established in Exhibit "E ", including names and classifications of all
employees, and billings for all direct non -salary expenses. To provide a means of verifying the
billed salary costs for the CONSULTANT'S employees, the AGENCY may conduct employee
interviews. These interviews may consist of recording the names, titles, salary rates, and present
duties of those employees performing work on the PROJECT at the time of the interview.
6. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned
will be made promptly upon its verification by the AGENCY after the completion of the work
under this AGREEMENT, contingent upon receipt of all PS &E, plans, maps, notes, reports,
electronic data and other related documents which are required to be furnished under this
AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a
release of all claims for payment, which the CONSULTANT may have against the AGENCY
unless such claims are specifically reserved in writing and transmitted to the AGENCY by the
CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any
claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY
may pursue with respect to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item
and at the time of final audit, all required adjustments will be made and reflected in a final
payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the
CONSULTANT will refund such overpayment to the AGENCY within thirty (30) days of notice
of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any
claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT
has twenty (20) days after receipt of the final POST AUDIT to begin the appeal process to the
AGENCY for audit findings.
7. Inspection of Cost Records: The CONSULTANT and their sub - consultants shall keep available for
inspection by representatives of the AGENCY, STATE and the United States, for a period of three
(3) years after receipt of final payment, the cost records and accounts pertaining to this
AGREEMENT and all items related to or bearing upon these records with the following
exception: if any litigation, claim or audit arising out of, in connection with, or related to this
contract is initiated before the expiration of the three (3) year period, the cost records and accounts
shall be retained until such litigation, claim, or audit involving the records is completed.
118
HOUR AND FEE ESTIMATE EXHIBIT E -2
Project: City of Tukwila
E. Marginal Way Overlay
Norfolk to 81st Place S
KPG
• Architecture •
Landscape Architecture
• Civil Engineering •
Task Description
Labor Hour Estimate
Total F
Project
Manager
$ 165.00
Senior
Engineer
$ 143.58
Project
Engineer
$ 114.85
Design CAD
Engineer j Technician
$ 100.49 j $ 83.65
Const Survey
Inspector Crew
$ 94.10 $ 139.01
Senior.
Admin
$ 100.49
Office
Admin
$ 68.68
Fee
Task 1 - Management /Coordination /Administration
1.1 Management and administration (estimate 4 months
1.2 QA/QC reviews
Task Total
4 0 0
4 4 0
8 4 [ 0
0 0
0
0
0
0
0
0
0
0
4 ji 4 j $ 1,336.70
0 1 0 $ 1.234.33
4 4 I $ 2,571.02
Task 2 - Prepare Base Maps
2.1 Prepare Project Base Mass
2.2 Supplemental survey for ADA compliance
Task Total
0
O $ 9218.41
O I $ 19,749.90
Task 3 - Prepare Bid Documents
3.1 ■Prepare 50% Plans and Estimate
4
2 ?
16
40
16
60
80
(
0
0
2
0
4.2
4
$ 20,547.21
32 Prepare 90% Plans, Specifications, and Estimate
4
4
0
24
4
60
j
40
0
40
2
0
j 0
WSDOT Coordination
0
4
16
S 19,461.51
33
Finalize Bid Documents (32 sheets)
12
40
j
40
i$ 4,514.88
40
3
0
( 0
!
0
16
$ 15,441.47
3.4
3.5
Coordinate Pavement Analysis
0
0
0
l
4
Reimbursable - Re reduction
4
i
0
0
2
l
0
$ 937.52
3,111.56
Bid Period Services
2
4
',
;
4
'
8
8
j
$ 5,780.00
Reimbursable Mileage
6
j
12
28
28
(
j
j
0
$ 350.00
$ 1,000.00
2
Reimbursable - Reproduction„
(S 15,727.87
Reimbursable - GeoDesign (Pavement Analysis)
(
j
j
j
$ 26,080.00
Task Total
14
56
j
144
152
1
172
i
0
0
2
40
S 86,929,26
Task 4 - Perrnittinq and Agencv Coordination
4.1
Utility; Coordination
2 ?
4
4
16
8
0
0
0
2
1 $ 3,778.10
4.2
Coordinate NEPA documentation
2
0
0
4
4
0
F
0
( 2
2
1 $ 1,404.89
4.3
WSDOT Coordination
2
4
8
8
16
0
0
0
8
i$ 4,514.88
Reimbursable - Mileage
!
j
i
( $ 50.00
Reimbursable - Re reduction
(
! $ 200.00
Reimbursable - Widener (NEPA documentation)
j
$ 5,780.00
I Task Total
6
8
12
28
28
(
0
j
0
2
12
(S 15,727.87
Total Estimated Fee: $ 124,978.05
1/7/2013
120
Exhibit G
Subcontracted Work
The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT:
Geollesigii ..- __P.avetnent_ csting.and...Analysis_.....
Widener... &.Associates._. -_NEP 4...Documentation
DOT Form 140 -089 EF Exhibit G
Revised 6/05
121
For:
KPG - Nelson Davis
Exhibit G -2
East Marginal Way Overlay Project
City of Tukwila
Cost Estimate
From:
Widener Associates
122
Project
Manager
Project
Biologist
Hours
Hours
Task 1 - Data Collection
DNR
0
4
WDFW
0
4
Site Visit/Survey
4
4
Task 2 - APE Exemption
APE
4
8
Task 3 — Compliance Documentation for No Effect
Documentation
2
6
Task4 —ECS
Draft
2
12
Final
2
6
Total hours
14
44
Summary
Hours
Rate
Cost
Project Manager
14
$140.00
$1,960.00
Project Biologist
44
$86.80
$3,819.20
Expense
Total Labor
$5,779.20
TOTAL ESTIMATED COST
$5,779.20
122
Exhibit H
Title VI Assurances
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in
interest agrees as follows:
1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non-
discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part
21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS "), which
are herein incorporated by reference and made a part of this AGREEMENT.
2. Non - discrimination: The CONSULTANT, with regard to the work performed during the
AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection
and retention of sub- consultants, including procurement of materials and leases of equipment. The
CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by
Section 21.5 of the REGULATIONS, including employment practices when the AGREEMENT covers a
program set forth in Appendix B of the REGULATIONS.
3. Solicitations for Sub - consultants, Including Procurement of Materials and Equipment: In all solicitations
either by competitive bidding or negotiations made by the CONSULTANT for work to be performed
under a sub - contract, including procurement of materials or leases of equipment, each potential sub -
consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under
this AGREEMENT and the REGULATIONS relative to non - discrimination on the grounds of race, color,
sex, or national origin.
4. Information and Reports: The CONSULTANT shall provide all information and reports required by the
REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records,
accounts, other sources of information, and its facilities as may be determined by AGENCY, STATE or
the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such
REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the
exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall
so certify to the AGENCY, STATE or the FHWA as appropriate, and shall set forth what efforts it has
made to obtain the information.
5. Sanctions for Non - compliance: In the event of the CONSULTANT'S non - compliance with the non-
discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT
sanctions as it, the STATE or the FHWA may determine to be appropriate, including, but not limited to:
Withholding of payments to the CONSULTANT under the AGREEMENT until the
CONSULTANT complies, and /or;
• Cancellation, termination, or suspension of the AGREEMENT, in whole or in part
DOT Form 140-089 EF Exhibit H
Revised 6/05
123
6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through
(5) in every sub - contract, including procurement of materials and leases of equipment, unless exempt by
the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action
with respect to any sub - consultant or procurement as the AGENCY, STATE or FHWA may direct as a
means of enforcing such provisions including sanctions for non - compliance.
Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with,
litigation with a sub - consultant or supplier as a result of such direction, the CONSULTANT may request
the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the
STATE and, in addition, the CONSULTANT may request the United States enter into such litigation to
protect the interests of the United States.
124
Exhibit 1
Payment Upon Termination of Agreement
By the Agency Other Than for
Fault of the Consultant
(Refer to Agreement, Section IX)
Lump Sum Contracts
A final payment shall be made to the CONSULTANT which when added to any payments previously made shall
total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the
total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra
work completed.
Cost Plus Fixed Fee Contracts
A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall
total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is
to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra
work completed.
Specific Rates of Pay Contracts
A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this
AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT.
Cost Per Unit of Work Contracts
A final payment shall be made to the CONSULTANT for actual units of work completed at the time of
termination of this AGREEMENT.
DOT Form 140 -089 EF Exhibit 1
Revised 8/05
125
126
Exhibit J
Alleged Consultant Design Error Procedures
The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a
nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution
and /or cost recovery procedures in those instances where the agency believes it has suffered some material damage
due to the alleged error by the consultant.
Step 1 — Potential Consultant Design Error(s) is Identified by Agency's Project Manager
At the first indication of potential consultant design error(s), the first step in the process is for the Agency's
project manager to notify the Director of Public Works or Agency Engineer regarding the potential
design error(s). For federally funded projects, the Region Highways and Local Programs Engineer
should be informed and involved in these procedures. (Note: The Director of Public Works or Agency
Engineer may appoint an agency staff person other than the project manager, who has not been as
directly involved in the project, to be responsible for the remaining steps in these procedures.)
Step 2 - Project Manager Documents the Alleged Consultant Design Error(s)
After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the
Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed
documentation than is normally required on the project. Examples include: all decisions and
descriptions of work; photographs, records of labor, materials and equipment.
Step 3 — Contact the Consultant Regarding the Alleged Design Error(s)
If it is determined that there is a need to proceed further, the next step in the process is for the project
manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged
error(s). The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manger and any personnel (including sub - consultants)
deemed appropriate for the alleged design error(s) issue.
Step 4 — Attempt to Resolve Alleged Design Error with Consultant
After the meeting(s) with the consultant have been completed regarding the consultant's alleged design
error(s), there are three possible scenarios:
It is determined via mutual agreement that there is not a consultant design error(s). If
this is the case, then the process will not proceed beyond this point.
It is determined via mutual agreement that a consultant design error(s) occurred. If this
is the case, then the Director of Public Works or Agency Engineer, or their
representatives, negotiate a settlement with the consultant. The settlement would be
paid to the agency or the amount would be reduced from the consultant's agreement
with the agency for the services on the project in which
the design error took place. The agency is to provide H &LP, through the Region
DOT Form 140 -089 EF Exhibit J
Revised 6(05
127
Local Programs Engineer, a summary of the settlement for review and to make
adjustments, if any, as to how the settlement affects federal reimbursements. No
further action is required.
• There is not a mutual agreement regarding the alleged consultant design error(s). The
consultant may request that the alleged design error(s) issue be forwarded to
the Director of Public Works or Agency Engineer for review. If the Director of
Public Works or Agency Engineer, after review with their legal counsel, is not able
to reach mutual agreement with the consultant, proceed to Step 5.
Step 5 — Forward Documents to Highways and Local Programs
For federally funded projects all available information, including costs, should be forwarded through the
Region Highways and Local Programs Engineer to H &LP for their review and consultation with
the FHWA. H &LP will meet with representatives of the agency and the consultant to review the
alleged design error(s), and attempt to find a resolution to the issue. if necessary, H &LP will
request assistance from the Attorney General's Office for legal interpretation. H &LP will also
identify how the alleged error(s) affects eligibility of project costs for federal reimbursement.
If mutual agreement is reached, the agency and consultant adjust the scope of work
and costs to reflect the agreed upon resolution. H &LP, in consultation with FHWA,
will identify the amount of federal participation in the agreed upon
resolution of the issue.
If mutual agreement is not reached, the agency and consultant may seek settlement
by arbitration or by litigation.
128
Exhibit K
Consultant Claim Procedures
The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following
procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total
of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the
Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s)
that total $1,000 or less.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential
claim by the consultant.
Step 1 — Consultant Files a Claim with the Agency Project Manager
If the consultant determines that they were requested to perform additional services that were outside of the
agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the
request for consideration of the claim to the Agency's project manager.
The consultant's claim must outline the following:
• Summation of hours by classification for each firm that is included in the claim;
• Any correspondence that directed the consultant to perform the additional work;
• Timeframe of the additional work that was outside of the project scope;
• Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with
the additional work; and
Explanation as to why the consultant believes the additional work was outside of the
agreement scope of work.
Step 2 — Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation
After the consultant has completed step 1, the next step in the process is to forward the request to the
Agency's project manager. The project manager will review the consultant's claim and will met with
the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If
the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the
Agency's recommendation for federal participation in the claim to the WSDOT Highways and Local
Programs through the Region Local Programs Engineer. If the claim is not eligible for federal
participation, payment will need to be from agency funds.
If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Highways and
Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a
request memo, including backup documentation to the consultant to either supplement the agreement,
or create a new agreement for the claim. After the request has been approved, the Agency shall write
the supplement and /or new agreement and pay the consultant the amount of the claim. Inform the
consultant that the final payment for the agreement is subject to audit. No further action in needed
regarding the claim procedures.
DOT Form 140 -089 EF Exhibit K
Revised 6/05
129
If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures.
Step 3 — Preparation of Support Documentation Regarding Consultant's Claim(s)
If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary
for the Director of Public Works or Agency Engineer that included the following:
• Copy of information supplied by the consultant regarding the claim;
Agency's summation of hours by classification for each firm that should be included in the
claim;
• Any correspondence that directed the consultant to perform the additional work;
• Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs
associated with the additional work;
Explanation regarding those areas in which the Agency does /does not agree with the
consultant's claim(s);
Explanation to describe what has been instituted to preclude future consultant claim(s); and
Recommendations to resolve the claim.
Step 4 — Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency
Documentation
The Director of Pubic Works or Agency Engineer shall review and administratively approve or
disapprove the claim, or portions thereof, which may include getting Agency Council or
Commission approval (as appropriate to agency dispute resolution procedures). If the project
involves federal participation, obtain concurrence from WSDOT Highways and Local Programs
and FHWA regarding final settlement of the claim. If the claim is not eligible for federal
participation, payment will need to be from agency funds.
Step 5 — Informing Consultant of Decision Regarding the Claim
The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final
decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim
(s) and rationale utilized for the decision.
Step 6 — Preparation of Supplement or New Agreement for the Consultant's Claim(s)
The agency shall write the supplement and /or new agreement and pay the consultant the amount of the
claim. Inform the consultant that the final payment for the agreement is subject to audit.
130
I hereby certify that I am
representative of the firm of KPG
firm 1 here represent has:
Exhibit M -1(a)
Certification Of Consultant
Project No.
Local Agency
and duly authorized
whose address is
and that neither I nor the above
(a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other
consideration, any firm or person (other than a bona fide employee working solely for me or the
above CONSULTANT) to solicit or secure the AGREEMENT;
(b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the
services of any firm or person in connection with carrying out this AGREEMENT; or
(c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee
working solely for me or the above CONSULTANT) any fee, contribution, donation, or
consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT;
except as hereby expressly stated (if any);
I acknowledge that this certificate is to be available to the Washington State Department of
Transportation and the Federal Highway Administration, U.S. Department of Transportation in
connection with this AGREEMENT involving participation of Federal -aid highway funds, and is
subject to applicable State and Federal laws, both criminal and civil.
Date Signature
DOT Form 140 -089 EF Exhibit M -1(a)
Revised 8105
131
132
Exhibit M -1(b)
Certification Of Agency Official
1 hereby certify that I am the AGENCY Official of the Local Agency of dsf
Washington, and that the consulting firm or its representative has not been required, directly or indirectly as an
express or implied condition in connection with obtaining or carrying out this AGREEMENT to:
(a) Employ or retain, or agree to employ to retain, any firm or person; or
(b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or
consideration of any kind; except as hereby expressly stated (if any):
I acknowledge that this certificate is to be available to the Washington State Department of
Transportation and the Federal Highway Administration, U.S. Department of Transportation, in
connection with this AGREEMENT involving participation of Federal -aid highway funds, and is
subject to applicable State and Federal laws, both criminal and civil.
Date
DOT Form 140 -089 EF Exhibit M -1(b)
Revised 6/05
Signature
133
134
Exhibit M -2
Certification Regarding Debarment, Suspension, and Other Responsibility
Matters - Primary Covered Transactions
I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its
principals:
A.
Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any federal department or agency;
B. Have not within a three -year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission or fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or
contract under a public transaction; violation of federal or state antitrust statues or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (I)
(B). of this certification; and
D. Have not within a three (3) year period preceding this application /proposal had one or more
public transactions (federal, state, or local) terminated for cause or default.
II. Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Consultant (Firm): KPG
(Date) (Signature) President or Authorized Official of Consultant
DOT Form 140 -089 EF Exhibit M -2
Revised 6/05
135
136
Exhibit M -3
Certification Regarding The Restrictions
of The use of Federal Funds for Lobbying
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
1.No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any Federal
agency, a member of Congress, an officer or employee of Congress, or an employee of a member
of Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any Federal agency, a member of
Congress, an officer or employee of Congress, or an employee of a member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall
require that the language of this certification be included in all lower tier subcontracts which
exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.
Consultant (Firm):
G
(Date) (Signature) President or Authorized Official of Consultant
DOT Form 140 -089 EF Exhibit M -3
Revised 6/05
137
138
Exhibit M -4
Certificate of Current Cost or Pricing Data
This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in
section 15.401 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403 -4)
submitted, either actually or by specific identification in writing, to the contracting officer or to the
contracting officer's representative in support of
are accurate, complete, and current as of
the cost or pricing data supporting any advance agreements and forward pricing rate agreements between
the offeror and the Government that are part of the proposal.
. This certification includes
Firm KPG
Name sadfasd
Title
Date of Execution * **
* Identify the proposal, quotation, request for price adjustment, or other submission involved,
giving the appropriate identifying number (e.g., RFP No.).
Insert the day, month, and year when price negotiations were concluded and price agreement
was reached.
**
* ** Insert the day, month, and year of signing, which should be as close as practicable to the date
when the price negotiations were concluded and the contract price was agreed to.
DOT Form 140 -089 EF Exhibit M-4
Revised 6/05
139
140
TRANSPORTATION COMMITTEE - Meeting Minutes
January 15, 2013 — 5:00 p.m. — Conference Room #1
City of Tukwila
Transportation Committee
PRESENT
Councilmembers: Kate Kruller, Chair; Joe Duffie and Dennis Robertson
Staff: Bob Giberson, Frank Iriarte, Robin Tischmak, Pat Brodin, David Cline, and Gail Labanara
CALL TO ORDER: The meeting was called to order at 5:07 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. 2013 Transportation Work Plan
The 2013 Work Plan for the Transportation Committee was presented. The new project for ADA
Improvements will include the TIB mid -block crosswalk improvements. Kate will be the SCATBd
representative and will update the Committee and Council on the regional transportation issues along
with Bob. Joe suggested that guardrails along 42nd Ave S near the Community Center be considered as
an item for consideration as we have had recent issues with vehicles entering the Duwamish and Green
River. Bob will look at accident reports, engineering standards, and potential cost estimates and return
to Transportation Committee.
B. Overlay and Repair — East Marginal Way S Project
Staff is seeking Council approval to enter into a consultant agreement with KPG, Inc for the design of
the Overlay and Repair of East Marginal Way South from South 80 Place to Norfolk Street in the
amount of $124,978.05.
KPG was selected for the design of the 2013 Overlay and Repair Program and their contract was
approved by Council on November 5, 2012. The East Marginal Way portion was originally scheduled
in the 2013 Overlay & Repair Program, however with the award of federal grant funds, a separate
contract is now needed to be processed with KPG. Joe requested that we might include a field trip when
the project is completed and Kate inquired on the timeline of the construction, which is estimated for
July through October, 2013. UNANIMOUS APPROVAL. FORWARD TO JANUARY 22
CONSENT AGENDA.
C. Consultant Agreement: Interurban Avenue South
Staff is seeking Council approval to enter into a consultant agreement with KPG, Inc for the final
design of the Interurban Ave S Street Improvement Project from South 143rd St to Fort Dent Way in the
amount of $348,869.87.
KPG completed 90% of the design and additional work is necessary to complete the design before
construction can be advertised for bid. A budget discussion included the reduction in grant funding and
the Public Works Trust Fund loan. UNANIMOUS APPROVAL. FORWARD TO JANUARY 22
CONSENT AGENDA.
141