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Port Gardner Bay Outfall Replacement Agreement <br /> 10.4.4 The Final Design must be submitted to the PRT for review and comment. <br /> For each comment on the Final Design made by a Participant through the <br /> PRT, K-C and/or the firm preparing the Final Design shall either modify the <br /> design in accordance with such comment, or explain in reasonable detail the <br /> reasons why the design will not be modified. <br /> 10.4.5 K-C shall furnish the blank forms of third party agreements it intends to use <br /> to the PRT for review and comment; provided that K-C may designate such <br /> forms of agreement as confidential and proprietary business information. K- <br /> C acknowledges that records given to the City may be subject to public <br /> disclosure, absent an exemption from disclosure under RCW Chap. <br /> 42.17.250 et seq. <br /> 10.5 Design and Permitting Budget <br /> The Final Design costs, including a revised and updated Class 10 Estimate, shall be <br /> included in the Joint Use Facilities Cost. Any expenses associated with obtaining permits <br /> for the Joint Use Facilities shall also be a Joint Use Facilities Cost. <br /> 11. CONSTRUCTION <br /> 11.1 Procurement, Selection and Award <br /> 11.1.1 K-C shall employ one or more qualified Construction Contractors to <br /> construct the Joint Use Facilities through an open, competitive, fair and <br /> neutral process. Payment and performance bonds shall be required of the <br /> Construction Contractor, and the Construction Contractor and K-C shall <br /> 17 of 46 <br />