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w <br /> 3. Project Design. The City shall prepare the final, detailed design engineering to <br /> City, State, and Federal Highway Administration Standards and specifications <br /> for the Project. The City shall have final design review approval. <br /> 4. Public Bid Process. The City shall conduct the public bid process, and <br /> award the construction contract for the Project. Upon receipt of the bids for construction of <br /> the Project from qualified contractors, the City shall consult with the Port to determine <br /> whether there are sufficient funds to construct the Project based on the bids received. In the <br /> event that there are not sufficient funds to go forward with the Project, the City shall reject all <br /> bids. The City shall also provide the Port with a copy of the bid tabulation and shall accept <br /> any Port comments regarding the bids and bidders. If sufficient Project funding is available, <br /> the formal determination as to who shall receive the bid award shall be solely that of the <br /> City. The bid package shall, using the City's usual contract documents, require the contractor <br /> to indemnify both the City and the Port as well as obtain, and maintain during the Project, <br /> necessary and appropriate insurance coverage with certificates evidencing that coverage which <br /> names both the City and the Port as additional named insureds. After the bid award, the City <br /> will provide the Port upon request with copies of both the indemnification provisions of the <br /> Contract and the certificate(s) of insurance. <br /> • <br /> 5. Construction Administration. The City shall administer the interlocal <br /> undertaking and construction contract for the Project. All costs incurred during construction <br /> (e.g., contract testing, construction engineering, etc.) shall be reimbursed from the project <br /> funding described in Section 2 above. The City will consult with a person designated by the <br /> Port prior to directing the contractor to perform extra work, if advance consultation is <br /> practicable, will not delay the contractor, and is not required by an emergency. Where advance <br /> consultation is not practicable, will delay the contractor, or is required by an emergency, the <br /> City need not consult with the Port prior to directing the contractor to perform extra work. <br /> Prior to executing all change orders, the City will consult with the person ,designated by the <br /> Port. In order for it to be fully informed, the Port may have a representative attend the <br /> periodic job site meetings between the City and the contractor. Failure to consult with the Port <br /> as provided herein shall not affect the Port's obligations to reimburse the City under this <br /> Agreement, absent prejudice or damage to the Port. The Port shall designate a point of contact <br /> with whom the City should consult regarding performance of the work by the contractor, <br /> including, but not limited to, extra work, differing site conditions, change orders and claims. <br /> In the case of emergency situations, the procedures in the WSDOT LAG Manual will'apply. <br /> 6. Financial Administration. During construction, the City will invoice the <br /> Port for its share of construction costs. The Port will make payments to the City within thirty <br /> (30) days of receipt of the invoices described above. The City shall not charge the Port for <br /> any engineering design services provided by City employees and costs of preparing grant <br /> applications that are not eligible for reimbursement by the granting agency. <br /> 4 <br />