HomeMy WebLinkAbout800944.tiff RESOLUTION
RE: ACCEPTANCE OF NEGOTIATED AGREEMENT BETWEEN WELD COUNTY,
COLORADO AND ARIX CONCERNING HIGHLAND PARK IMPROVEMENT
DISTRICT.
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, the Weld County Engineer has informed the Board
of County Commissioners that three consultants were interviewed
concerning proposals for an improvement district for the High-
land Park area, and
WHEREAS, the Weld County Engineer has recommended that the
Board accept the negotiated agreement with ARIX for Phases 1 and
2 at a rate not to exceed $25 , 031. 00 , and
WHEREAS, the Board, having studied the proposal of ARIX,
finds that the negotiated agreement with ARIX should be accepted.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the negotiated agreement
between Weld County, Colorado and ARIX concerning the Highland
Park Improvement District be, and hereby is, accepted. Said
agreement shall not exceed $25 , 031. 00.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 16th day of
June, A.D. , 1980.
( _`•+„ BOARD OF COUNTY COMMISSIONERS
ATTEST: d(�� WELD COUNTY, COLORADO
Weld County Clerk and Recorder i // cE (Aye)
and Clerk to th -Board C. W. Ki by, hairman
By f^ tic- � _ABSENT DATE PRESENTED (Aye)
Deputy ty Cler onard L. Roe, Pro-Tem
PR PO ED AS TO FORM: arso / a- (Aye)
Norman Carlson
County Attorney rr > ,{(i-(lrzze.A/ (Aye)
Dunbar
/ ..
'21.7ZJ /1" Aye)
e K. Ste ' nmark
/
600944
/ ,, li DATE PRESENTED: JUNE 18 , 1980
/_
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made this / \/4 day of June, 1980, by and between WELD
COUNTY, COLORADO, hereinafter called the Client, and ARIX, a Professional
Corporation, hereinafter called the Consultant, collectively referred to as
the Parties .
The services to be performed hereunder are incidental to the following
PROJECT;
Weld County - Highland Hills/Highland Park Improvement District
Including : Phase 1 - Preliminary Drainage Design Plan, Report and Cost
Estimate
Phase 2 - Preliminary Street Improvement Plan and Estimate
Phase 3 - Final Drainage Construction Plan, Specifications
and Estimate
Phase 4 - Final Street Construction Plan, Specifications
and Estimate
WITNESSETH: That for and in consideration of the mutual covenants and
agreements hereinafter contained, the Parties hereto have mutually agreed and
do agree as follows:
ARTICLE 1 . SERVICES BY CONSULTANT
The Consultant agrees to perform all services, hereunder, using reasonable
skill and judgement in accordance with sound business and professional stand-
ards. He agrees to keep the Client thoroughly informed of his progress
through periodic reports, and to maintain accurate records relating to his
services in connection with this project .
1.1 The Consultant shall be responsible for the professional quality,
technical accuracy, timely completion, and the coordination of all
designs, drawings, specifications, reports, and other services
furnished by the Consultant under this agreement. The Consultant
shall , without additional compensation, correct or revise any errors
or deficiencies in his designs, drawings, specifications, reports
and other services.
1 .2 The Consultant shall perform such professional services as may be
necessary to accomplish the work required to be performed under this
agreement .
1 .3 Approval by the Client of drawings, designs, specifications, reports
and incidental engineering work or materials furnished hereunder
shall not in any way relieve the Consultant of responsibility for
the technical adequacy -of the work . Neither the Client' s review,
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approval or acceptance of, nor payment for, any of the services
shall be construed to operate as a waiver of any rights under this
agreement or of any cause of action arising out of the performance
of this agreement, and the Consultant shall be and remain liable in
accordance with applicable law for all damages to the Client caused
by the Consultant' s negligent performance of any of the services
furnished under this agreement .
. 1.4 The rights and remedies of the Client provided for under this
agreement are in addition to any other rights and remedies provided
by law.
The Consultant agrees to provide, directly or by association with such
other Consultants or Contractors as it may deem necessary to further the
interest of the Client, the following basic services:
Per attached Exhibit A
ARTICLE 2. ADDITIONAL OR SPECIAL SERVICES
The following additional or special services, which are outside the scope
of basic services as above described, shall be performed by the Consultant
upon authorization from the Client and paid for as hereinafter provided:
Per attached Exhibit B
ARTICLE 3. RESPONSIBILITIES OF CLIENT
3.1 The Client shall provide and make available to the Consultant, for
his use, all maps, property descriptions, surveys, previous reports,
historical data, and other information within its knowledge and
possession relative to the services to be furnished hereunder, and
shall provide full programming requirements. Data so furnished to
the Consultant shall remain the property of the Client and will be
returned upon completion of its service .
3.2 The Client shall designate a representative who shall be fully
acquainted with the Project and who has authority to render decisions
relative to the Consultant ' s services as necessary for the orderly
progress of the work . The representative shall be responsible for
receiving and processing all information and documentation relative
to the project in behalf of the Client.
3.3 The Client shall establish and maintain procedures for receiving,
reviewing, recording, and acting on all information , documentation ,
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payments, and acceptances of work and services relative to this
project in an expeditious and proper manner.
3.4 The Client shall guarantee access and make provisions for the
Consultant to enter upon public and private properties as required
for the Consultant to perform its services hereunder, if permission
is not granted after request by Consultant.
3.5 Advertise, coordinate and conduct public meetings related to
project.
3.6 Coordinate input and obtain all necessary interdepartment approvals
within County organizational structure.
3.7 Make application for permits and/or approvals required from other
regulatory agencies .
3.8 Provide names and addresses of all property owners adjoining or
otherwise having a direct interest in the project.
3.9 Furnish anticipated traffic loadings and related pavement design
criteria.
3.10 Acquire necessary rights-of-way and land for proposed improvements.
3.11 Advertise, receive and evaluate construction bids; award and
administer contracts; inspect construction and monitor progress .
ARTICLE 4. TIME OF PERFORMANCE
The services to be provided under this Agreement shall , unless otherwise
provided, be commenced upon execution of this Agreement and be performed in
general accordance with the following schedule:
4.1 Commence services in Paragraphs 1 .1, 1 .2 and 1 .3 upon receipt of
Notice to Proceed by Client, and complete preliminary design for
Client review for Phase 1 within 75 days thereafter, subject to
weather permitting field surveys and aerial photography.
4.2 Upon approval of Phase 1 preliminary design by Client, complete
Phase 2 preliminary design for Client review within 30 days after
authorization to proceed .
4.3 Upon approval of Phase 2 Preliminary Design by Client, complete
preparation for advertisement for Public Hearing within 15 days
after authorization to proceed .
ARTICLE 5. LIQUIDATED DAMAGES
Not Applicable.
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ARTICLE 6. REMUNERATION FOR SERVICES
The Client agrees to compensate the Consultant in accordance with the
following schedule, and the Terms and Conditions of this Agreement :
6.1 For Basic Services as described in Article 1 .4, remuneration shall
be made on the following basis:
(a) Services included in Exhibit "A" Paragraphs 1 .1 and 1 .2
covering Phase 1 Preliminary Drainage, for a lump sum of
$ 14,882.00.
(b) Services included in Exhibit "A" Paragraph 1 .3 covering
Phase 2, Preliminary Street Design, for a lump sum of
$ 7,149.00.
6.2 For Special Services included in Exhibit "B" Paragraphs 2 .1 through
2.9 remuneration shall be made on the following basis :
Direct Personnel cost times a multiplier of 2.2 plus
110 percent of Direct Expenses, not to exceed $ 4,000
without authorization by Client .
6.3 An initial payment of -0- DOLLARS ($ NONE ) shall be made upon
execution of this Agreement and credited to the Client's account.
6.4 Unless otherwise provided herein, all payments for Basic, Additional
or Special Services and for Reimbursable Expenses shall be made
monthly in proportion to services performed and shall be due and
payable at the Consultant 's office at the address hereinafter
designated upon presentation by the Consultant in accordance with
this Agreement. Payments not made within 30 days of the billing
date shall bear interest at the rate of 1-1/2% per month which is
an annual interest rate of 18%. Consultant may cease performance
of remaining work at any time if payments become more than 30 days
delinquent.
6.5 No deductions shall be made, nor any amounts retained from the
Consultant ' s compensation on account of delays, penalties, liqui-
dated damages, or other sums withheld from payment to Contractors.
6.6 If Direct Personnel Cost times a Multiplier is to be used as the
basis for determining remuneration hereunder, the following defini-
tions shall apply, unless otherwise provided herein:
1 . Direct Personnel Cost shall include the wages or salaries of
the employees of the Consultant who perform direct services as
required hereunder in connection with the Project, plus
average payroll additives, based upon regular hourly rates
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charged at the actual number of hours for which time is
expended.
2. The Multiplier will include general and administrative expense
and profit of the Consultant .
ARTICLE 7. DELAYS
If the Consultant is delayed at any time in the progress of work by any
act or neglect of the Client or its agents, employees or contractors, or by
changes in the work, or by labor disputes, unavoidable material delivery
delays, fire, unavoidable casualties, or by any causes beyond the Consultant' s
control , the time schedule shall be extended for a reasonable length of time,
and the remuneration schedule shall be subject to renegotiation for increased
expenses due to escalation of prices, extended services, relocation or other
expenses incidental to such delays. •
ARTICLE 8. INSURANCE'
The Consultant shall purchase and maintain insurance to protect himself
from claims under workmen 's compensation acts; claims for damages because of
bodily injury including personal injury, sickness or disease, or death of any
of his employees or of any person other than his employees; and from claims
for damages because of injury to or destruction of tangible property including
loss of use reuslting therefrom.
ARTICLE 9. TERMINATIONS
9.1 This agreement may be terminated in whole or in part in writing by
either party in the event of substantial failure by the other party
to fulfill its obligations under this agreement through no fault of
the terminating party: Provided, That no such termination may be
effected unless the other party is given (1) not less than ten (10)
days written notice (delivered by certified mail , return receipt
requested) of intent to terminate and (2) an opportunity for
consultation with the terminating party prior to termination.
9.2 This agreement may be terminated in whole or in part in writing by
the Client for its convenience. Provided, That no such termination
may be effected unless the Consultant is given (1) not less than
ten (10) days written notice (delivered by certified mail , return
receipt requested) of intent to terminate and (2) an opportunity
for consulation with the terminating party prior to termination .
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9.3 If termination for default is effected by the Client, an equitable
adjustment in the price provided for in this agreement shall be
made, but (1) no amount shall be allowed for anticipated profit on
unperformed services or other work and (2) any payment due to the
Consultant at the time of termination may be adjusted to the extent
of any additional costs occasioned to the Client by reason of the
Consultant' s default.
9.4 If termination is not due to the fault of the Consultant, the
Consultant shall , in addition to remuneration for services performed
hereunder prior to such termination, and Reimbursable Expenses, be
entitled to an additional amount computed as ten percent of the
total remuneration then due, for scheduling and assignment readjust-
ments and relates costs incurred due to termination.
9.5 Upon receipt of a termination action pursuant to paragraphs 9.1 and
9.2 above, the Consultant shall (1) promptly discontinue all
services affected (unless the notice directs otherwise) , and (2)
deliver or otherwise make available to the Client all data, draw-
ings, specifications, reports, estimates, summaries, and such other
information and materials as may have been accumulated by the
Consultant in performing this agreement, whether completed or in
progress.
9.6 Upon termination pursuant to paragraphs 9.1 and 9.2 above, the
Client may take over the work and prosecute the same to completion
by agreement with another party or otherwise.
ARTICLE 10. GOVERNING LAW
Unless otherwise agreed in writing, this Agreement and the interpretation
thereof shall be governed by the law of the State of Colorado.
ARTICLE 11. SUCCESSORS AND ASSIGNS
The Client and the Consultant each binds himself and his partners,
successors, executors, administrators and assigns to the other party of this
Agreement and to the partners, successors, executors, administrators and
assigns of such other party with respect to all covenants of this Agreement.
Neither party shall assign or transfer his interest in this Agreement without
the written consent of the other.
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ARTICLE 12. EXTENT OF AGREEMENT
This Agreement represents the entire and integrated agreement between the
parties and supersedes all prior negotiations and representations. Nothing
herein shall be deemed to create any contractual relationship between the
Consultant and any other Consultant or contractor or material supplier on the
project, nor to furnish any notices required under other such contracts, nor
shall anything herein be deemed to given anyone not a party to this Agreement
any right of action against a party which does not otherwise exist without
regard to this Agreement.
ARTICLE 13. NOTICES
All notices and instructions given by either party to the other shall be
in writing, and shall be deemed to be properly served if delivered to the
address of record shown below, or if deposited in the United States Mail '
properly stamped with the required postage and addressed to such party at the
address shown below. The date of service of a notice sent by mail shall be
deemed to be the day following the date on which said notice is so deposited.
Either party hereto shall have the right to change its address by giving the
other party written notice thereof.
13.1 Any subcontractors and outside associates or consultants required
by the Consultant in connection with the services covered by this
agreement will be limited to such individuals or firms as were
specifically identified and agreed to during negotiations, or as
are specifically approved by the Client during the performance of
this agreement. Any substitution in such subcontractors, associates,
or consultants will be subject to the prior approval of the Client.
ACKNOWLEDGMENT OF COMPLETE AGREEMENT: This Agreement includes this and
the preceding pages consecutively numbered 1 through 8 and the attachments
thereto, identified as:
Exhibit A, Scope of Basic Services
• •
Exhibit B, Scope of Additional Services
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
day and year first written above.
CONSULTANT:
ARIX, A Professional Corporation
Engineers, Architects,,Planners
By: ( 7 ��J.F•/a ii,cw YY-f]1Ya�sy
By. �✓ 9,-j vice /4'c
Address: 2021 Clubhouse Drive
Greeley, CO 80631
CLIENT:
WELD COUNTY, COLORADO
BY: /fl -LLf
Chairman Weld ounty Board of
TITLE: County Commissioners
Address: P.O. Box 758
GREELEY, CO 80632 ��
ATTEST: avviA; itat trt!
County Clerk and Recorder
and Clerk to the Board
(BY= �h' �r -et a,
\ eputy County Cl
WELD COUNTY HIGHLAND HILLS/HIGHLAND PARK IMPROVEMENT DISTRICT
EXHIBIT A
SCOPE OF BASIC SERVICES
1 .1 PROJECT ADMINISTRATION SERVICES
.01 Prepare and maintain, on current basis, a detailed work program.
Schedule and budget, identifying specific work tasks, responsibi-
lity assignments, critical reviews, outside input constraints and
schedule interdependencies .
.02 Establish communication, record keeping, filing, bookkeeping, and
other administrative project procedures. Maintain complete and
current project documentation files for authorized access. Con-
duct minimum monthly project progress status review meetings with
Client.
.03 Coordinate concepts and assist Client in obtaining necessary regu-
latory and courtesy design approvals with property owners, City
of Greeley, Grapevine Lateral Irrigation Ditch Company, and other
affected parties . Participate in the presentation of proposed
project design at public meetings.
1 .2 GENERAL PREPARATION AND PHASE 1 PRELIMINARY DRAINAGE DESIGN PLAN,
REPORT AND COST ESTIMATE
.01 Research available reports on drainage; Highland Hills, College
Green, Bittersweet, and Highland Park West.
.02 Target area and perform aerial photography.
.03 Accomplish the following by field survey methods :
(a) Establish photo control
(b) Establish bench mark system
(c) Determine elevations of control points on existing drainage
and street improvements
.04 Map the approximate 292 acres by photo compilation methods to
1" = 100' scale with 2' contour interval .
.05 Conduct 12 subsurface soils borings along existing unimproved
streets and through designated routes of drainage paths. Conduct 12
laboratory analyses on representative samples for Atterberg limits,
gradation, and three California Bearing Ratio tests to establish
existing characteristics for design . If subsurface materials
indicate significant inconsistency between bores, conduct additional
borings and related analysis per Paragraph 2, as necessary to locate
changes in strata.
.06 Prepare a preliminary drainage report consistent with City of Greeley
criteria which includes drainage plan, hydrograph procedures, location
of discharge points, and storm water storage requirements.
.07 Develop preliminary drainage cost estimates adequate for Public Hearing .
.08 Assist in developing procedure for equitable allocation of cost consider-
ing homeowner, City of Greeley, and the developer .
.09 Present preliminary drainage report to Client and participate in any
required meetings or presentations and together with Phase 2, partici-
pate in the required Public Hearing .
1 .3 PHASE 2 - PRELIMINARY STREET IMPROVEMENT PLAN AND ESTIMATE
.01 Upon authorization to proceed with Phase 2, gather information
regarding existing utilities to determine if potential conflicts
with depth of cover exist , and if utility owners contemplate con-
struction that should be scheduled before new street improvements
begin.
.02 Prepare photobase 1" = 50' scale mylar plan sheet with double profile
blowups of the 100 scale mapping .
.03 Inventory existing information but not limited to:
(a) Plans and profiles
(b) Jurisdictional agencies criteria
(c) Deteriorated section, note differing curb and gutter types
(d) Locate property improvements such as driveways, walks,
lawns and landscaping •
.04 Utilize existing information to develop preliminary grading, and
. typical sections including pavement thicknesses .
.05 Determine preliminary earthwork requirements.
.06 Prepare preliminary estimate of all costs adequate for Public
Hearing .
.07 Prepare brief summary report of design criteria, required removals
and replacements, including homeowners improvements requiring
adjustments and proposed improvements.
.08 Assist in developing procedures for equitable allocation of cost and
policy for handling reconstruction of existing improvements. •
.09 Present preliminary design to client and participate in any required
meetings or presentations and the Public Hearing for Phase 1 and 2
combined, with required exhibits.
1 .4 PHASE 3 - FINAL DRAINAGE CONSTRUCTION PLANS, SPECIFICATIONS AND ESTIMATE
.01 Upon authorization to proceed to final drainage design, consider any
preliminary design review comments and make appropriate revisions
and check if proposed criteria are still valid .
.02 Obtain any additional field information required for final design
such as groundline profiles at proposed structures, etc.
.03 Develop final sizing of design elements. Complete final design
plans, profiles and special details.
.04 Assemble specifications and standard details.
.05 Prepare estimate of construction costs .
.06 Assist in developing final procedure for equitable allocation of
cost.
.07 Prepare estimate of probable cost to each property.
.08 Presentation to client and participate in any required meetings .
.09 Furnish 30 sets of bidding documents.
.10 Participate in solicitation for bids .
.11 Assist in evaluation of the bids and award of contract .
1 .5 PHASE 4 - FINAL DESIGN OF CURB, GUTTER AND STREET IMPROVEMENTS
.01 Upon authorization to proceed to final design phase, consider all
preliminary design review comments and make appropriate revision .
Check validity of preliminary design criteria.
.02 ,Conduct field surveys to establish basis for earthwork quantities
and elevation of existing improvements .
.03 Review underground utilities with utility owners to assure adequate
depth cover and allow scheduling of any required new construction
before street improvements .
.04 Utilize information from final drainage design and Articles 1 .5.01,
.02 and .03 to prepare final design plans and special details .
.05 Assemble specifications and standard details.
.06 Prepare engineers estimate of construction cost.
.07 Assist in developing final procedure for equitable allocation of
costs.
.08 Prepare estimate of probable cost to each property.
.09 Present to Client and participate in any required meetings.
.10 Furnish 30 sets of bidding documents .
.11 Participate in solicitation for bids.
.12 Assist in evaluation of bids and awarding of contract .
.13 Prepare summary report.
WELD COUNTY HIGHLAND HILLS/HIGHLAND PARK IMPROVEMENT DISTRICT
EXHIBIT B
2.1 SCOPE OF ADDITIONAL OR SPECIAL SERVICES
.01 Participation in regulatory meetings or hearings other than the
number established in paragraph 1 .2 .09, 1 .3.09, 1 .4.08 and 1.5.09.
.02 Subsurface soil borings and laboratory analysis in addition to those
anticipated and provided for in paragraph 1.2.05.
.03 Preparation of special supporting data for permit applications if
•
required by any regulatory agency, other than that data developed as
a normal adjunct to the basic design and analysis.
.04 Assistance in land or right-of-way acquisition negotiations.
.05 Reproduction of design documents in excess of those anticipated and
provided for in paragraphs 1 .4.09 and 1 .5.10.
.06 Any required property surveys and/or legal description preparation.
.07 Any required construction staking for drainage or, curb, gutter and
street construction .
.08 Any other construction related services.
.09 Preparation of final assessment rolls after completion of construc-
tion, participation in protest hearing and making adjustments to
assessment rolls as a result of the protest hearing.
• .
� MEMORA(1D11
�
VIIIIkTo Weld County Commissioners June 16, 1980
COLORADO From Wayne Smyth, Dirac r_.of_F.ngineering
Subjoct. __Agr_eBment for. Highland Hi7.ls_�mprovement District Engineering_.__.
As a result of interviews held with three consultants, an agreement has been
negotiated with the ARIX Corporation of Greeley, Colorado, to perform the pre-
liminary engineering on a proposed improvement district for the Highland Hills/
Highland Park Subdivision west of Greeley.
The scope of the design is as follows:
Phase I-Preparation of Preliminary Drainage Design Plan, Report and
Cost Estimate.
Phase II-Preliminary Street Improvement Plan and Cost Estimate.
Phases I and II include the design and cost estimates necessary to go before the
subdivision property owners with accurate cost estimate on drainage improvements
as well as street improvements. It should be noted that all of the streets will
be included in the study, even though some of them are not accepted by the County
for maintenance.
The negotiated fee for Phases I and II, Basic Design Services, is $21,031. The
fee for Special Services is based on hourly cost, not to exceed $4,000 without
authorization of the Board. The maximum fee is $25,031.
The fee for Phases III and IV, (the preparation of Final Drainage Design and
Final Street Design), would be negotiated upon determination by the Board to
proceed after the hearings with the subdivision owners.
It is recommended that the Board approve the fee proposal for Phases I and II
and authorize the Chairman to sign the Contract with ARIX.
a
Director of Engineering
WSS:sad IRO C0BNi1 tOBL.SIQaF��
n' ithA s 5 TO aJ
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•
C Neal Carpenter. A Professional Corporation
President
R.Kent Baker
ARIX
Eugene R.Brauer I Engineers Architects Planners
Gordon W Bruchner
Patrick C.Dwyer
Robert Shr J.Shreve
Dale J.Steichen
Robert D.Thomas 2021 Clubhouse Drive
Gary R.Wmdolph Post Office Box 2021
Greeley,Colorado 80631
303 330 2749
June 6, 1980
Mr. Wayne S. Smythe, P.E.
Director of Engineering
Weld County Centennial Center
Post Office Box 758
Greeley, Colorado 80631
Dear Mr. Smythe:
Re: Weld County, Highland Hills - Highland Park Improvement District
In accordance with our discussion of May 21 , 1980, we have completed
our preparation of a firm proposal for Phases 1 and 2 of the above
project and have incorporated it into a Draft Agreement for Engineer-
ing Service following the Weld County #66 format.
We have re-arranged the work activities from the order shown in our
proposal of May 6, to allow a solid estimate for use at the Public
Hearing.
The new order now provides for the following:
1 . Soils investigations now included in Phase 1 , rather than
Phase 2.
2. Photography, control surveys, support surveys , and mapping
now included in Phase 1 , rather than Phase 2.
3 & 4. Construction cost estimates and estimates of cost to each
property, adequate for Public Hearing, now included in Phase
2, rather than in Phase 4.
This re-ordering of work activities has resulted in a considerable in-
crease in the engineering fee in Phases 1 and 2, which will be partially
offset later, by the reduction of work activities in Phase 4.
If you have any questions, or if we need to discuss this subject further,
please call .
Respectfully,
ARIX, A Professional Corporation
Robert L. Boekenkamp, P.E.
Manager, Civil/Transportation
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