HomeMy Public PortalAboutORD16332BILL NO. 2022-115
SPONSORED BY Councilmember Fitzwater
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING A
CONSULTANT CONTRACT WITH STRUCTURAL ENGINEERING ASSOCAITES, INC.
AND AMENDING THE FISCAL YEAR 2022-2023 BUDGET OF THE CITY OF
JEFFERSON, MISSOURI, BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE
PARKING FUND.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. The Mayor and City Clerk are hereby authorized to execute an agreement
attached as Exhibit A, with Structural Engineering Associates, Inc. design services related
to the rehabilitation of the Jefferson Street parking garage and Level 4C of the Madison
Street parking garage.
Section 2. There is hereby supplementally appropriated within the Parking Fund
$59,000.00 as indicated on Exhibit B, attached hereto, for the funds required to contract with
Structural Engineering Associates, Inc.
Section 3. This Ordinance shall be in full force and effect from and after the date of
its passage and approval.
Passed:
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Presiding Officer
ATTEST:
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City erk
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Approved:
Mayor Carrie Tergin
CERTIFICATION BY MAYOR
APPROVED AS TO FORM:
Pursuant to Article VII, Section 7.1(5.) Of the Charter of the City of Jefferson, Missouri, I
hereby certify that the sums appropriated in the ordinance are available in the various
funds to meet the requirements of this bill.
Mayor Carrie Tergin U
CITY OF JEFFERSON
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT, made and entered into the date last executed by a party as indicated below, by and
between the City of Jefferson, a municipal corporation of the State of Missouri, hereinafter referred to as
"City", and Structural Engineering Associates, Inc., hereinafter referred to as "Engineer".
WITNESSETH:
THAT WHEREAS, the City desires to engage the Engineer to render certain design services related
to repairs to the 209 Jefferson Street and Madison Street Garage, hereinafter described in Exhibit A.
WHEREAS, Engineer has made certain representations and statements to the City with respect to
the provision of such services and the City has accepted said proposal to enter into a contract with the
Engineer for the performance of services by the Engineer.
NOW THEREFORE, for the considerations herein expressed, it is agreed by and between the City
and the Engineer as follows:
1. Scone of Services.
Engineer agrees to provide all supervision, labor, tools, equipment, materials and supplies for services
related design phase, bid phase, and construction phase for repairs to the 209 Jefferson Street and Madison
Street Garages, as set forth in Exhibit A. In the event of a conflict between this agreement and any attached
exhibits, the provisions of this agreement shall govern and prevail.
2. Payment.
The City hereby agrees to pay Engineer for the work done pursuant to this contract according to the payment
schedule set forth in the contract documents upon acceptance of said work by an Agent of the City of
Jefferson's Planning and Protective Services, and in accordance with the rates and/or amounts stated in the
bid of Engineer dated 1/24/2023, which are by reference made a part hereof. No partial payment to Engineer
shall operate as approval or acceptance of work done or materials furnished hereunder. No change in
compensation shall be made unless there is a substantial and significant difference between the work
originally contemplated by this agreement and the work actually required. The total amount for services
rendered under this contract shall not exceed Fifty -Nine Thousand Dollars and Zero Cents ($59,000.00)
3. Term.
This contract shall commence on the date last executed by a party as indicated below. The Engineer shall
perform said work in accordance with the contract documents, as set forth in Exhibit A, within six (6)
months. (Awaiting verbiage change from Structural Engineer, Inc.)
4. Additional Services.
The City may add to Engineer services or delete therefrom activities of a similar nature to those set forth in
Exhibit A, provided that the total cost of such work does not exceed the total cost allowance as specified in
paragraph 2 hereof. The Engineer shall undertake such changed activities only upon the direction of the
City. All such directives and changes shall be in written form and approved by the City and shall be accepted
and countersigned by the Engineer or its agreed representatives.
S. Personnel to be Provided.
The Engineer represents that Engineer has or will secure at its expense all personnel required to perform
the services called for under this contract by the Engineer. Such personnel shall not be employees of or
have any contractual relationship with the City except as employees of the Engineer. All of the services
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required hereunder will be performed by the Engineer or under the Engineer's direct supervision and all
personnel engaged in the work shall be fully qualified and shall be authorized under state and local law to
perform such services. None of the work or services covered by this contract shall be subcontracted except
as provided in Exhibit A without the written approval of the City.
6. Engineer's Responsibility for Subcontractors.
It is further agreed that Engineer shall be as fully responsible to the City for the acts and omissions of its
subcontractors, and of persons either directly or indirectly employed by them, as Engineer is for the acts
and omissions of persons it directly employs. Engineer shall cause appropriate provisions to be inserted in
all subcontracts relating to this work, to bind all subcontractors to Engineer by all the terms herein set forth,
insofar as applicable to the work of subcontractors and to give Engineer the same power regarding
termination of any subcontract as the City may exercise over Engineer under any provisions of this contract.
Nothing contained in this contract shall create any contractual relations between any subcontractor and the
City or between any subcontractors.
7. Independent Engineer.
The Engineer is an independent engineer and nothing herein shall constitute or designate the Engineer or
any of its employees as agents or employees of the City.
S. Benefits not Available.
The Engineer shall not be entitled to any of the benefits established for the employees of the City and shall
not be covered by the Workmen's Compensation Program of the City.
9. Nondiscrimination.
The Engineer agrees in the performance of the contract not to discriminate on the grounds or because of
race, creed, color, national origin or ancestry, sex, religion, handicap, age or political affiliation, against
any employee of Engineer or applicant for employment and shall include a similar provision in all
subcontracts let or awarded hereunder.
10. Illegal Immigration.
Prior to commencement of the work:
a. Engineer shall, by sworn affidavit and provision of documentation, affirm its enrollment
and participation in a federal work authorization program with respect to the employees
working in connection with the contracted services.
b. Engineer shall sign an affidavit affirming that it does not knowingly employ any person
who is an unauthorized alien in connection with the contracted services.
C. If Engineer is a sole proprietorship, partnership, or limited partnership, Engineer shall
provide proof of citizenship or lawful presence of the owner.
11. Notice to Proceed.
The services of the Engineer shall commence upon execution of this Agreement, and shall be undertaken
and completed in accordance with the schedule contained in Exhibit A.
12. Termination.
If, through any cause, the Engineer shall fail to fulfill in timely and proper manner its obligations under this
contract, or if the Engineer shall violate any of the covenants, agreements, or stipulations of this contract,
the City shall thereupon have the right to terminate this contract by giving written notice to the Engineer of
such termination and specifying the effective date thereof, at least five (5) days before the effective day of
such termination. The City reserves the right to terminate this contract for convenience by giving at least
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fourteen (14) days prior written notice to Engineer, without prejudice to any other rights or remedies of the
City, provide Engineer shall be entitled to payment for all work completed by Engineer through the date of
termination. The Engineer may with cause terminate this contract upon 30 days prior written notice. In
either such event all finished or unfinished documents, data, studies, surveys, drawings, maps, models,
photographs, and reports or other materials prepared by the Engineer under this contract shall, at the option
of the City, become its property, and the compensation for any satisfactory work completed on such
documents and other materials shall be determined. Notwithstanding the above, the Engineer shall not be
relieved of liability to the City for damages sustained by the City by virtue of any such breach of contract
by the Engineer.
13. Waiver of Breach.
Failure to insist upon strict compliance with any of the terms covenants or conditions herein shall not be
deemed a waiver of any such terms, covenants or conditions, nor shall any failure at one or more times be
deemed a waiver or relinquishment at any other time or times by any right under the terms, covenants or
conditions herein.
14. Authorshio and Enforcement.
Parties agree that the production of this document was the joint effort of both parties and that the contract
should not be construed as having been drafted by either party. In the event that the City successfully
enforces the terms of this contract through litigation, the City shall be entitled to receive, in addition to any
other relief, its reasonable attorney's fees, expenses and costs.
15. Severability.
If any section, subsection, sentence, or clause of this contract shall be adjudged illegal, invalid, or
unenforceable, such illegality, invalidity, or unenforceability shall not affect the legality, validity, or
enforceability of the contract as a whole, or of any section, subsection, sentence, clause, or attachment not
so adjudged.
16. Assignment.
The Engineer shall not assign any interest in this contract, and shall not transfer any interest in the same
(whether by assignment or novation), without prior written consent of the City thereto. Any such assignment
is expressly subject to all rights and remedies of the City under this agreement, including the right to change
or delete activities from the contract or to terminate the same as provided herein, and no such assignment
shall require the City to give any notice to any such assignee of any actions which the City may take under
this agreement, though City will attempt to so notify any such assignee.
17. Existing Data.
All information, data and reports as are existing, available and necessary for the carrying out of the work,
shall be furnished to the Engineer without charge by the City, and the City shall cooperate with the Engineer
in every reasonable way in carrying out the scope of services. The Engineer shall not be liable for the
accuracy of the information furnished by the City.
18. Confidentiality.
Any reports, data or similar information given to or prepared or assembled by the Engineer under this
contract which the City requests to be kept as confidential shall not be made available to any individual or
organization by the Engineer without prior written approval of the City.
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19. Indemnity.
To the fullest extent permitted by law, the Engineer will defend, indemnify and hold harmless the City, its
elected and appointed officials, employees, and agents from and against any and all claims, damages, and
losses arising out of or resulting from the performance of the work, provided that any such claim, damage,
loss or expense (1) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction
of tangible property (other than the work itself) including the loss of use resulting therefrom and (2) is
caused in whole or in part by any negligent act or omission of engineer, any subcontractor, anyone directly
or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of
whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed
to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise
exist as to any party or person described in this paragraph.
20. Insurance.
Engineer shall provide, at its sole expense, and maintain during the term of this agreement commercial
general liability insurance with a reputable, qualified, and financially sound company licensed to do
business in the State of Missouri, and unless otherwise approved by the City, with a rating by Best of not
less than "A," that shall protect the Engineer, the City, and the City's officials, officers, and employees
from claims which may arise from operations under this agreement, whether such operations are by the
Engineer, its officers, directors, employees and agents, or any subcontractors of Engineer. This liability
insurance shall include, but shall not be limited to, protection against claims arising from bodily and
personal injury and damage to property, resulting from all Engineer operations, products, services or use of
automobiles at a limit of $500,000 Each Occurrence, $3,000,000 Annual Aggregate; provided that nothing
herein shall be deemed a waiver of the City's sovereign immunity. An endorsement shall be provided which
states that the City is named as an additional insured and stating that the policy shall not be cancelled or
materially modified so as to be out of compliance with the requirements of this section, or not renewed
without 30 days advance written notice of such event being given to the City.
21. Documents.
Reproducible copies of tracings and maps prepared or obtained under the terms of this contract shall be
delivered upon request to and become the property of the City upon termination or completion of work.
Copies of basic survey notes and sketches, charts, computations and other data prepared or obtained under
this contract shall be made available, upon request, to the City without restrictions or limitations on their
use. When such copies are requested, the City agrees to pay the Engineer its costs of copying and delivering
same.
22. Books and Records.
The Engineer and all subcontractors shall maintain all books, documents, papers, accounting records and
other evidence pertaining to costs incurred in connection with this contract, and shall make such materials
available at their respective offices at all reasonable times during the contract and for a period of three (3)
years following completion of the contract.
23. Nonsolicitation.
The Engineer warrants that they have not employed or retained any company or person, other than a bona
fide employee working solely for the Engineer, to solicit or secure this contract, and that they have not paid
or agreed to pay any company or person, other than a bona fide employee working solely for the Engineer,
any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or
resulting from the award or making of this contract. For breach or violation of this warranty, the City shall
have the right to annul this contract without liability, or, in its discretion, to deduct from the contract price
or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee,
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gifts, or contingent fee.
24. Delays.
That the Engineer shall not be liable for delays resulting from causes beyond the reasonable control of the
Engineer, that the Engineer has made no warranties, expressed or implied, which are not expressly set forth
in this contract; and that under no circumstances will the Engineer be liable for indirect or consequential
damages.
25. Amendments.
This contract may not be modified, changed or altered by any oral promise or statement by whosoever
made; nor shall any modification of it be binding upon the City until such written modification shall have
been approved in writing by an authorized officer of the City. Engineer acknowledges that the City may
not be responsible for paying for changes or modifications that were not properly authorized.
26. Governing Law.
The contract shall be governed by the laws of the State of Missouri. The courts of the State of Missouri
shall have jurisdiction over any dispute which arises under this contract, and each of the parties shall submit
and hereby consents to such courts exercise of jurisdiction. In any successful action by the City to enforce
this contract, the City shall be entitled to recover its attorney's fees and expenses incurred in such action.
27. Notices.
All notices required or permitted hereinunder and required to be in writing may be given by first class mail
addressed to the following addresses. The date and delivery of any notice shall be the date falling on the
second full day after the day of its mailing.
If to the City:
City of Jefferson
Department of Law
320 East McCarty Street
Jefferson City, Missouri, 65101
If to the Engineer:
Structural Engineering Associates, Inc.
Ralph Jones
1000 Walnut Ste. 1570
Kansas City, Missouri 64106
[Signatures to follow on next page.]
CITY OF JEFFERSON, MISSOURI
Mayor
Date:
w �-
APPROVED AS TO FORM:
City Astor y
STRUCTURAL ENGINEERING
ASSOCIATES, INC.
Title:
Date:
EXHIBIT A
STRUCTURAL ENGINEERING ASSOCIATES, INC.
Est 1909
January 24, 2023
Britt Smith P.E.
Operations Division Director
Department of Public Works
320 I:. McCarty St.
Jefferson City. IV10 65 101
Re: Parking Garage Rehabilitation — 209 Jefferson Street
Proposal for Preparation of Repair Documents
Dear Mr. Smith:
Structural Engineering Associates, Inc. (SEA) recently completed a condition assessment on the
referenced parking structure. In the report SEA provided recommendations for repair. You have
now asked SEA to submit a proposal to prepare construction documents for repair of the garage. In
addition, you have requested that SEA also include repair of the damaged post -tensioned joist in the
Madison Street "Municipal" garage. Our scope is to include design phase, bid phase and
construction phase services.
I understand the contractor's construction scope of work will include the following.
• Remove and replace the waterproofing membrane on the top level in it's entirety.
• Perl'onn slab repairs under membrane.
• Perform overhead concrete repairs.
• Rout and caulk all cracks in top deck.
■ Remove and replace sealant in construction joints in top deck.
• Water test top deck and install drains at low spots on top deck.
• Removed damaged pre -cast panels, repair support and anchorage conditions and re -install
Panels.
• Perl'onn miscellaneous concrete repairs in stair.
• Perl'omi miscellaneous concrete wall and column repairs.
• Repair handrails in stairs.
• Remove and replace joint sealant in slab -on -grade.
■ Repair vehicular barrier cables on lower level.
• Rc-stripe garage
• Remove and replace six upper -level drains and their offset piping. The lower level conductor
piping shall remain For re -use.
• Perform repairs to damaged post -tensioned joist in the Madison Street "Municipal" Garage.
1000 Walnut - Suite 1570 - Kansas City, Missouri 64106 - 816-421-1042 - mm.seassodates.com
Mr. Smith
January 24, 2023
Page 2
I understand that the existing light fixtures in the garage are all LED and the City does not wish to
make any modifications to them. In addition, we have not included installation of camera's in the
Jefferson Garage. If the City decides to add this scope of services, SEA can obtain a proposal from
our consultant for these additional services.
SEA proposes to provide the following scope of services for the above repair items.
• Review report and recommendations from condition assessment.
• Perform site visit to review above scope items for changes.
• Prepare construction drawings for above scope items.
• Prepare technical specifications for above work items.
• Review front end documents provide by City and provide comments as appropriate or
desired.
• Coordinate bid form with Jefferson City personnel.
• Prepare review documents and submit to Jefferson City at the following stages.
o Design Development
o SOOK Review Construction Documents
0 100$1* Review Construction Documents
• Attend design review meetings via virtual meeting format.
• Attend pre -bid meeting in Jefferson City, MO
• Review bids and make recommendation to Jefferson City, MO.
• Attend pre -construction meeting with successful contractor and City personnel.
• Review submittals for above work items and take appropriate action.
SEA proposes to provide the above scope of services for a lump sum fee of $59,000. This fee
includes anticipated reimbursable expenses including travel, per diem, in house printing costs and
other in-house expenses. Please note this fee does not include printing of review drawings, bidding
documents or contractor submittals. All of these items will be provided in digital format.
This fee includes the services of an MEP consultant for the above scope items. It is SEA's intent to
employ the services of Custom Engineering for these services.
Please note the above scope of services does not include construction phase services beyond a pre -
construction meeting and review of technical submittals. You have requested that construction phase
services be submitted on an hourly basis with a not to exceed fee.
Construction phase services above and beyond those listed above will be provided under separate
billing on an hourly basis with a maximum fee of $$22,000. This fee includes attendance to virtual
progress meetings, up to eight site visits to attend progress meetings or make site observation trips
and one punch list trip at the completion of the project. This fee includes travel and per diem
expenses. Additional site visits will be provided on a per trip basis of $1,900.
Mr. Smith
January 24, 2023
Page 3
The attached Terms and Conditions shall become a part of this agreement. Signature or verbal
direction will serve as acceptance of this proposal and the Terms and Conditions and will serve as
notice to proceed.
If you have any questions regarding this proposal, please feel free to contact me at your convenience.
Thank you for your interest in Structural Engineering Associates, Inc.
Sincerely, C
Ralph C. Jones P.E.
Encl.
ACCEPTED:
Signature of person authorized to sign contract for the City of JeMrson
Date:
Typed or Printed Name
Page I of 2
Terms and Conditions
Parking Garage Rehabilitation — 209 Jefferson Street
Jmruary 14.2023
Performance o(Service: Structural Engineering Associates, Inc. (SEA) shell perform the services
outlined in the attached "Proposal for Preparation of Repair Documents" in consideration of the stated
fee and payment tem.
Additional Services: For additional services not included in the "Proposal for Preparation of Repair
Documents", Stntctival Engineering Associates shall be compensated as follows:
O Option 1- On an hourly basis according to attached Rate Sheet.
® Option 2 - Additional services will not be completed until an amendment Identifying scope and fee
for additional services has been signed.
BIWog/Payment: The Client agrees to pay SEA for sit services performed and all costs incurred.
Invoices for SEA's services shall be submitted, at SEA's option, either upon completion of such
services or on a monthly basis. Invoices shall be due and payable upon receipt. If any invoice is not
paid within 30 days, SEA may, without waiving any claim or right against the Client, and without
liability whatsoever to the client, suspend or terminate the performance of services. Accounts unpaid
30 days after the invoice date may be subject to a monthly service charge of 1.5% on the unpaid
balance. If any portion of an account remains unpaid 60 days after the billing, SEA may institute
collection action and the Client shall pay all costs of collection, including reasonable attorneys' fees.
Access to Ste: unless otherwise stated, SEA will have access to the site for activities necessary for the
performance of the services. SEA will take reasonable precautions to minimize damage due to these
activities, but has not included in the fee the cost of restoration of any resulting damage and will not be
responsible for such costs.
Hidden Conditions: A structural condition is hidden if concealed by existing finishes or if it cannot be
Investigated by reasonable visual observation. if SEA has reason to believe that such a condition may
exist, SEA shall notify the Client who shall authorize and pay for all additional costs associated with
the investigation of such a condition and, if necessary, all costs necessary to correct said condition. If
(1) the Client fails to authorize such investigation or correction after due notifications, or (2) SEA has
no reason to believe that such a condition exists, the Client is responsible for all risk associated with
this condition, and SEA shall not be responsible for the existing condition nor any resulting damages to
persons or property.
Hazardous Materials: SEA shall have no responsibility for the discovery, presence, handling,
removal, disposal or exposure of persons to hazardous materials of any form.
Jobsite Safety: The Client agrees that the General Contractor shall be solely responsible for jobsite
safety, and warrants that this intent shall be carried out in the Client's contract with the General
Contractor. The Client also agrees that the Client, the Consultant and the Consultant's subconsuitants
shall be indemnified by the General Contractor and shall be made additional insureds under the
General Contractor's policies of general liability insurance.
Indemnification: The Client shall, to the ftdlest extent permitted by law. Indemnify and hold harmless
SEA., his or her officers, directors, employees, agents and subconsuitents from and against all damage,
liability and cost including reasonable attorneys' fees and defense costs, arising out of or in any way
connected with the performance of the services under this agreement, excepting only those damages,
liabilities or costs to the extent caused by the sole negligence of SEA.
Fiduciary Responsibility: The Client confirms that neither the Consultant nor any of the Consultant's
subconsultants or subcontractors has offered any fiduciary service to the Client and so fiduciary
REV 2124115
Page 2 of 2
responsibility shall be owed to the Client by the Consultant or any ofthe Consultant's subconsultants
or subcontractors, as a consequence ofthe Consultant's entering into this Agreement with the Client.
information for the Sole Use and Benefit of the Client: All opinions and conclusions of SEA,
whether written or oral, and any plans, specifications or other documents and services provided by
SEA are for the sole use and benefit of the Client and are not to be provided to any other person or
entity without the prior written consent of SEA. Nothing contained in this agreement shall create a
contractual relationship with or a cause of action in favor of any third party against either SEA or the
Client.
Card ications, Guarantees and Warranties: SEA shall not be required to execute any document that
would result in SEA certifying, guaranteeing or warranting the existence of any conditions whose
existence SEA cannot ascertain.
limitation of Liability: In recognition of the relative risks., rewards and benefits of the project to both
the Client and SEA, the risks have been allocated such that the Client agrees that, to the fullest extent
permitted by law, SEA's total liability to the Client for any and all houries, damages, claims, losses,
expenses or claim expenses arising out of this Agreement from any cause or causes, shall not exceed
5500,000. Such causes include, but are not limited to, the SEA's negligence, errors, omissions, strict
liability, breach of contract or breach of warranty.
Ownership of Documents: All documents produced by SEA under this Agreement are instruments of
SEA's professional service and shall remain the property ofthe SEA and may not be used by the Client
for any other purpose without the prior written consent of SEA.
Assignment: Neither party to this Agreement shall transfer, sublet or assign any rights under or
interest in this Agreement (including but not limited to monies that are due or monies that may be due)
without the prior written consent of the other party. Subcontracting to subconsultants normally
contemplated by the Consultant shall not be considered an assignment for purposes of this Agreement.
Dispute Resolution: Any claims or disputes between the Client and SEA arising out ofthe services to
be provided by SEA or out of this Agreement shall be submitted to nonbinding mediation. The Client
and SEA agree to include a similar mediation agreement with all contractors subeomsultants,
subcontractors, suppliers and fabricators, providing for mediation as the primary method for dispute
resolution among all parties.
Termination of Services: This Agreement may be terminated at any time by either party should the
other party fail to perform its obligations hereunder. In the event of termination for any reason
whatsoever, the Client shall pay SEA for all services rendered to the date of termination, and all
reimbursable expenses incurred prior to termination and reasonable termination expenses incurred as
the result of termination.
Standard Care: In performing its services hereunder, SEA will endeavor to perform in a manner
consistent with that degree of care and skill ordinarily exercised by member of the same profession
currently practicing under similar circumstances. SEA makes no warranties or guarantees, express or
implied, under this agreement or otherwise, in connection with its services.
Consequential Damages: The Client and SEA both agree to waive any claims for consequential
damages against each other.
Permits and Approvals: It is the responsibility of the Owner to obtain all necessary permits and
approvals.
REV 2/24/15
Bill 2022-115
Exhibit B
SUPPLEMENTAL APPROPRIATION
FISCAL YEAR 2022-2023 BUDGET
Parking Fund:
62-100-495995 Transfer From(to) Surplus $59,000.00
62-620-522020 Professional Services $59,000.00