8.5 Agr Lakewood Truss Bridge
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
8/26/02
TIME
4:00 P.M.
AGENDA SECTION:
NO.
8
ORIGINATING DEPARTMENT:
APPROVED FOR
AGENDA:
ITEM
NO.
5
Engineering & General Services
BY' Brad JOhnSOn-W
BY:~ --A
~ ., -""
ITEM
Engineering Agreement with Olsson Associates for the design of the restoration and relocation of
the existing Lakewood Truss Bridge (Old Smoky Hill River Bridge).
BACKGROUND
On November 19, 2001, the City Commission approved a design contract with Olsson Associates
of Omaha, Nebraska to design a replacement bridge for the Lakewood Drive 1887 Vintage Steel
Truss Bridge in Lakewood Park just North of Iron Avenue. In discussions with Olsson Associates
and the Kansas Department of Transportation (KDOT), city staff expressed interest in relocating
and preserving this historic bridge as a pedestrian crossing. Olsson Associates has been searching
for funding sources for the relocation and restoration of this existing bridge.
This bridge has a very interesting history. The Lakewood Park Bridge that is today located at the
south entrance to Lakewood Park has stood on its present site since 1964. The 1 ~ lane steel
through-truss bridge with a 16 ft. by 98 ft. wood deck, was originally constructed over the Smoky
Hill River Channel on North Ohio Street, near Riverside Drive in 1887. The bridge is protected from
demolition or relocation without a review by the Heritage Commission by a Conservation District
Ordinace adopted in 1997. Relocation and reuse of the bridge could mitigate its replacement at
the present Lakewood site. If plans allow for its relocation and reuse at the new Lakewood Middle
School, as a pedestrian bridge near Elm Street, it would likely stand within a few hundred feet of
its original and historic location.
On March 12,2001, Olsson Associates submitted field check plans to the KDOT for their review.
This is a standard review on any projects that have state or federal funds involved. The submitted
plans indicated that the bridge would be removed and relocated on-site. The KDOT and the
Kansas State Historical Society became concerned that there were no plans for the restoration of
this historic bridge. Essentially, the Historical Society informed city staff that without a plan in place
to relocate and restore the existing bridge, that the historical eligibility could be in jeopardy.
Staff immediately began working with Olsson Associates on a contract to provide design services
for the existing bridge restoration and relocation. In the meantime, a couple of opportunities for
financial assistance became known. One is a Transportation Enhancement (TE) funding for
Preservation of Historic Transportation Facilities (80/20 maximum funding), and the other is a grant
from the KDOT that will pay demolition costs, had the bridge been demolished. The TE funding
requires submittal of preliminary design documents to be submitted with the application and is due
on November 8, 2002. That grant, if received, would provide funds for FFY 2004 and 2005.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
8/26/02
TIME
4:00 P.M.
AGENDA SECTION:
NO.
ORIGINATING DEPARTMENT:
Engineering & General Services
APPROVED FOR
AGENDA:
ITEM
NO.
BY: Brad Johnson
BY:
Page 2
The attached engineering contract is written in a "cost plus fixed fee" format with an amount not to
exceed $53,003. The "cost" includes all direct payroll, direct non-payroll and overhead(indirect
costs). The "fixed fee" is a fixed lump sum amount, agreed upon during negotiations to cover any
non-reimbursable costs, pre-tax profit and readiness to serve. The fixed fee does not change
regardless of variations in "cost". The "cost not to exceed" is just that, a total amount that can not
be exceeded without prior approval and a supplemental agreement with the City Commission. It
is common for our engineering contracts to underrun the amount not to exceed. The attached
contract also addresses the scope of work, consultant's responsibilities, city's responsibilities, time
schedule and general provisions.
If approved, funds for this engineering design project will be allocated from the 2002 Capital
Improvement Program. In addition to assisting staff in meeting the November 8, 2002 grand
application deadline, Olsson Associates will also complete these engineering design services
November,2003. The existing bridge is scheduled for replacement beginning in October, 2003.
RECOMMENDATION
It is recommended that the City Commission approve the engineering agreement with Olsson
Associates for the restoration design and relocation of the existing Lakewood (Old Smoky Hill River)
Bridge in the amount of $53,003.
Resolution No. 02-5870
SUPPLEMŒNTALAGREEMENTFORENGlNEER1NGSER~CES
TIllS SUPPLEMENTAL AGREEMENT, made and entered into this day of
, 2002, by and between the City of Salina, Kansas, hereinafter referred to as the
"Owner", and. Olsson Associates, with offices located at 1111 Lincoln Mall, Lincoln, NE
68508, hereinafter referred to as the "Consultant."
WITNESSETH:
WHEREAS, the Owner desires to have the Consultant provide additional engineering
services for the Replacement of the Lakewood Dr. Bridge over the Smoky Hill River,
hereinafter referred to as the "Project."
WHEREAS, the Owner has selected the Consultant to perform the services as described
herein.
NOW, THEREFORE, the Owner and the Consultant in consideration of their mutual
covenants herein agree in matters pertaining to the performance or furnishing of professional
engineering services by the Consultant with respect to the Project and the payment for those
services by the Owner as set forth below. This Agreement will become effective on the date first
written above.."
ARTICLE I
CONSULTANT'S RESPONSffiILITIES
The Consultant shall perform for or furnish to the Owner professional engineering and
related services in all phases of the Project to which this Agreement applies as hereinafter
provided. The Consultant shall serve as the Owner's prime design professional. The Consultant.
may employ subconsultants as Consultant deems necessary to assist in the performance or
furnishing of professional engineering and related services hereunder. The Consultant shall not
be required to employ any subconsultants which are unacceptable to the Consultant.
The standard of care for all, professional engineering and related services performed or
furnished by the Consultant under this Agreement will be the care and skill ordinarily used by
members of the Consultant's profession, practicing under similar conditions at the same time and
in the same locality. The Consultant makes no warranties, expressed or implied, under this
Agreement or otherwise, in conn~tion with the Consultant's services.
ARTICLE II
SCOPE OF SERVICES TO BE PROVIDED BY THE CONSULTANT
The scope of work covered by this proposal includes the necessary field investigations, design
and plan preparation of alignment, grading, drainage, and bridge rehabilitation and relocation for
the project. Specifically, this project is located in Salina Kansas, approximately 150 feet east of
the intersection of Ohio and Elm Streets. The scope of improvements include the removal,
rehabilitation and relocation of the existing bridge to serve as a pedestrian bridge over the Old
Smoky Hill River.
Engineering plans shall be prepared using METRIC units in accordance with current standard
KDOT procedures, in ink on pennanent media such as mylar in the fonnat and detail required by
the KDOT Bureau of Local Projects. Basic specifications shall be standard Specifications for
State Road and Bridge Construction, 1990, or current edition. Pedestrian bridge design will be
accomplished in accordance with the most recent editions of the Kansas Bicycle Transportation
Facilities Guide, the AASHTO Guide to the Design of Bicycle Facilities, and the AASHTO
Guide Specification for Design of Pedestrian Bridges.
Final engineering plans shall be prepared on the basis of one (1) set of plans to include: 1)
grading; 2) drainage; 3) bridge.
Services provided by the Consultant shall include the following tasks:
PHASE I-DESIGN AND PLAN PREPARATION
TASK I - TOPOGRAPIDCAUHYDROGRAPillC SURVEYS
. 1. Topographical survey shall be accomplished at the new location using the same subtasks
listed in the original agreement.
TASK n - GEOLOGICAL INVESTIGATION
1. Geological investigation shall be accomplished at the new location using the same subtasks
listed in the original agreement.
TASK ill - HYDROLOGICAUHYDRAULIC INVESTIGATION
1. A hydrologic and hydraulic analysis shall be accomplished at the new location using the
same subtasks listed in the original agreement.
I,;'
TASK IV - WETLAND DELINEATION AND PERMITTING
1. A jurisdictional wetland delineation and assessment shall be accomplished at the new
location using the same subtasks listed in the original agreement.
TASK V - STRUCTURE INVESTIGATION
1. A field investigation into the current condition of the existing truss is necessary to evaluate
the capacity of the truss and if modifications are required to bring it to current standards.
Subtasks associated with this work shall be accomplished using the same subtasks listed in
the original agreement.
TASK VI - FIELD CHECK PLAN PREPARATION
1. Prepare revised Field Check Plans for review by City staff, Kansas State Historical Society
(KSHS), and KDOT incorporating the relocation plans for the truss. The subtasks listed in
Task VI of the original agreement will remain the same.
TASK VII - FINAL PLAN PREPARATION
1. When authorized by the City of Salina and KDOT, prepare final plans for the improvements
as approved after Field Check. . Subtasks listed in Task vn of the original agreement will
remain the same.
REVISED PROJECT SCHEDULE
Duration
Task/Event Start Date FilÜsh Date (Weeks)
~otice to Proceed 8/26/02
Field Survey 9/16/02 10/19/02 4
Bridge Investigation 9/09/02 9/13/02 1
Preoare Truss Relocation Plans 9/16/02 11/29/02 11
Resubmit Field Check plans to BLP 12/02/02 4/28/03 21
Pield Check Complete 4/28/03 5/09/03 2
[¡¡corporate Field Check Comments into Plans 5/12/03 5/23/03 3
BLP Review of Office Check Plans 5/26/03 9/12/03 17
Make final Corrections and Submit Final Plans to BLP 10/17/03 11/07/03 4
Aotlroved Final Plans to BLP 11/10/03 21
RIW Clear.ances to BLP "
Utility Form to BLP "
COE Permits to BLP .' "
KSWR Permits to BLP l "
ILettinwConstruction 3/20/04
PHASE2-CONSTRUCTIONSERVICES
To be determined at a later date.
ARTICLE III
OWNER'S RESPONSffiILITIES
The Owner shall do the following in a timely manner so as not to delay the services of the
Consultant and shall bear all cost thereto;
1.
Designate in writing a person to act as Owner's representative with respect to the services
to be performed or furnished by the Consultant under this Agreement. Such person shall
have complete authority to transmit instructions, receive information, interpret and define
Owner's policies and decisions with respect to the Consultant's services for the Project.
2.
Make available to the Consultant all existing records, plans, and other information
possessed by Owner which are relevant to the Consultant in the completion of the work
under this Agreement.
3.
Be responsible for, and instruct the Consultant to rely upon, the accuracy and
completeness of all information furnished pursuant to this Article ill, Owner's
Responsibilities. Consultant may use such data and information in performing, or
furnishing services under this Agreement.
4.
Arrange for access to and make all provisions for the Consultant to enter upon public
property as required for Consultant to perform services under this Agreement.
5.
Give prompt written notice to Consultant whenever Owner observes or otherwise
becomes aware of any development that affects the Scope of Services or the Time
Schedule of the Consultant in the performance or furnishing of the required services for
the Project, or any defect or nonconformance in the Consultant's services or in the work
of any Contractor.
ARTICLE IV
TIMESCIlEDULE
The Consultant agrees to complete services as described in Article ll, Scope of Services,
Project Schedule within the time schedule established by the Kansas Department of
Transportation.
, '
v
ARTICLE V
COMPENSA TION
The Owner agrees to compensate the Consultant for completion of the services described
in Article II, Scope of Services as follows.
The sum of the following amounts:
1.
Actual salary costs, overhead costs, computer costs and other direct project costs
as shown on the Consultant's accounting records.
2.
A fixed fee of Six thousand seven hundred sixty-eight dollars and no cents
($5,737.00).
The total amount of compensation for Phase I as described in Article II, Scope of
Services sha1l not exceed Fifty-three thousand three hundred three and no cents ($53,003.00)
without prior approval of the Owner.
Payment for services described shall be made in installments billed not more frequently
than once each month upon receipt of invoices from the Consultant.
Payment shall be made to the Consultant by the Owner within thirty (30) days after
receipt of Consultant's invoice. If the Owner fails to make any payment due the Consultant
within thirty (30) days after receipt of Consultant's invoice, the amounts due the Consultant will
be increased at the rate of 1.5% per month from said thirtieth day.
ARTICLE VI
GENERAL PROVISIONS
1.
Times for Rendering: Services: The Consultant's services and compensation under this
Agreement have been agreed to in anticipation of orderly and continuous progress of the
Project through its completion. Specific periods of time for rendering services are set.
forth in Article IV, Time Schedule, in this Agreement, by which times defined services
are to be completed. If such periods of time are changed through no fault of the
Consultant, the rates and amounts of compensation provided for therein shall be subject
to equitable adjustment.
If the Owner fails to give prompt written authorization to proceed with any phase of
services after completion of the immediately preceding phase, or does not proceed in an
orderly and continuous progression, the Consultant shall be entitled to equitable
adjustment of rates and aplounts of compensations to reflect reasonable costs incurred by
Consultant as a result of-the delay or changes in the various elements that comprise such
rates of compensation.
2.
Cham:!:e in Scope: The scope of the work described in Article II, Scope of Services, shall
be subject to modification or supplement upon the written agreement of the Owner and
the Consultant. At the time of such modification of scope, equitable adjustments,
agreeable to both parties, shall be made in the time of performance and the compensation
to be paid for the services.
3.
Reuse of Documents: All documents including Plans and Specifications provided or
furnished by the Consultant pursuant to this Agreement are instruments of service in
respect of the Project and Consultant shall retain an ownership and property interest
therein whether or not the Project is completed. The Owner may make and retain copies
for the use of the Project by Owner and others; however, such documents are not
intended or suitable for reuse by Owner or other on extension of the Project or on any
other Project. Any such reuse without written approval or adaptation by the Consultant
for the specific purpose intended will be at the Owner's sole risk and without liability to
the Consultant, and the Owner shall indemnify and hold harmless the Consultant from all
claims, damages, losses and expenses including attorneys' fees arising out of or. resulting
therefrom.
4.
Termination: This Agreement may be terminated by either party upon seven (7) days
wdtten notice in the event of substantial failure by the other party to perform in
accordance with the terms hereof through no fault of the terminating party; provided,
however, that in any such case, the Consultant shall be paid the reasonable value of the
services rendered lip to the time of termination on the basis of the payment provisions of
this Agreement. Copies of all completed or partially completed designs, plans and
specifications prepared under this Agreement shall be delivered to the Owner when and if
this AgÍ"eement is terminated, but it is mutually agreed by the parties that the Owner will
use them solely in connection with this Project, except with the written consent of the
Consultant.
5.
Controlling Law: This Agreement is to be governed by the law of the principal place of
business of the Consultant.
6.
Professional liability - Errors and Omissions: The Consultant shall provide Architects
or Engineers Professional Liability Insurance with limits not less than $250,000 each
claim and annual àggregate covering the liability of the Consultant and any and all
consultants, agents which are employed or retained by the Consultant. The insurer must
be acceptable to the City of Salina. In the event coverage provided is claims made
coverage, the insurance shall be maintained for a period of not less than three (3) years
after completion of the contract or in lieu thereof purchase of tail coverage (extended
reporting period). Upon review of each project, the Deputy City Manager may require
higher coverage limits coverage limits.
In lieu of the above coveráge, the Consultant may provide the described coverage for his
own firm in the aboVe amount and submit proof of his consultants, agents and
independent contractors have insurance deemed adequate by the City of Salina.
12.
7.
Certificate(s) of Insurance: Certificate(s) of Insurance acceptable to the City shall be
filed with the City at the time the contract between the City and the Consultant is
executed. These certificates shall contain a provision that coverage that is afforded
under the policies will not be canceled or substantially changed until at least thirty (30)
days prior written notice has been given to the City and acknowledged. Note: If the
Consultant is subject to worker's compensation law a certificate shall be provided.
8.
Notice of Claim: The Consultant, upon receipt of notice of any claim in excess of $1,000
in connection with this contract shall promptly notify the Deputy City Manager, (785)
826-7250, providing full details thereof, including an estimate of the amount of loss or
liability.
9.
Dispute Resolution: In an effort to resolve any conflicts that arise during the design or
construction of the project or following the completion of the project, the Owner and the
Consultant agree that all disputes between them arising out of or relating to this
Agreement shall be submitted to nonbinding mediation, unless the parties mutually agree
otherwise.
The Owner and the Consultant further agree to include a similar mediation provision in
all agreements with independent contractors and consultants retained for the project and
to require all independent contractors and consultants also to include a similar mediation
provision in all agreements with subcontractors, subconsultants, suppliers or fabricators
so retained, thereby providing for mediation as the primary method for dispute resolution
between the parties to those agreements.
10.
Indemnification Clause: The Consultant agrees, to the fullest extent pennitted by law to
indemnify and save harmless the City, its officials, officers, directors and employees
from and against all damages, liabilities or costs, including reasonable attorney fees and
defense costs, for personal injury or death or damage to property to the extent caused by
the Consultant's negligent acts, elTors or omissions in the performance of professional
services.
11.
Severabilitv: Any provision or part of the Agreement held to be void or unenforceable
under any law or regulation shall be deemed stricken and all remaining provisions shalt.
continue to be valid and binding upon the Owner and the Consultant, who agree that the
Agreement shall be reformed to replace such stricken provision or part thereof with a
valid and enforceable provision that comes as close as possible to expressing the
intention of the stricken provision.
Notices: Any notice required under this Agreement will be in writing, addressed to the
appropriate party at the address which appears on the signature page to this Agreement
(as modified in writing from time to time by such party) and given personally, by
registered or certified maìl, return receipt requested, by facsimile or by a nationally
,.
recognized overnight courier service. All notices shall be effective upon the date of
receipt.
13.
Successors and Assigns: The Owner and Consultant each is hereby bound and the
principals, successors, executors, administrators, legal representatives and assigns of
Owner and Consultant are hereby bound to the other party to this Agreement and to the
principals, successors, executors, administrators, legal representatives and assigns of such
other party jn respect of all covenants and obligations of this Agreement.
Neither the Owner nor the Consultant may assign, sublet, or transfer any rights under or
interest (including, but without limitation, moneys that are due or may become due) in
this Agreement without .the written consent of the othèr, except to the extent that any
assignment, subletting or transfer is mandated by law or the effect of this limitation may
be restricted by law. Unless specifically stated to the contrary in any written consent to
an assignment, no assignment will release or discharge the assignor from any duty or
responsibility under this Agreement.
Nothing in this Agreement shall be construed to create, impose or give rise to any duty
owed by the Consultant to any Contractor, subcontractor, supplier, other person or entity,
or to any surety for or employee of any of them, or give my rights in or benefits under
this Agreement to anyone other than the Owner and the Consultant. '
IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be
effective as of the date first above written.
OWNER:
CONSULTANT:
By:
Olsson Assoc~es ,
By: ~ ~ ~---
Mark R. Stark
City of Salina,
Title:
Title: Senior Project Engineer
Date:
Date:
g/"Jt:/ðg.
.
Address for giving notices:
Address for giving notices:
Olsson Associates
1111 Lincoln Mall
Lincoln. Nebraska 68508
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