Loading...
Marymount Road Drainage Engineering Services AGREEMENT BETWEEN THE CITY OF SAUNA, KANSAS and RMA ENGINEERING, LLC for ENGINEERING SERVICES This Agreement is entered into by and between the City of Salina, Kansas, (the "CITY") and RMA Engineering, llC, a Kansas corporation, (the "CONSULT ANr). Recitals A. The CITY owns and operates the streets of Marymount, Glen, and Ruskin. B. The CITY desires to contract for the engineering services necessary to design and prepare construction documents in compliance with aU federal and state regulations. C. The CONSUL T ANT has the requisite qualifications and experience to perform the engineering services desired by the CITY and desires to perform those services pursuant to the teons of this Agreement. The parties therefore agree and covenant 1. ScODe of Services. The CONSULTANT agrees to perform the services outlined in the attached and incorporated Exhibit A. 2. Tenn. The CONSULTANT agrees to perform the services according to the timeframe desaibed in Exhibit B, subject to prior termination pursuant to the terms of this Agreement. 3. Comuensation. The CITY agrees to compensate the CONSULTANT on the basis of the actual hourty rates and reimbursable expenses shown on the CONSULTANT's fee schedule attached and incorporated as Exhibit C. 4. Non~~tion. In the event that this Agreement anticipates work. spanning multiple budget years for the City, it is subject to further appropriation by the CITY's governing body for future fiscal budget years. If the CITY's govendhg body does not appropriate the funds necessary to compensate the CONSULTANT for services to be provided pwsuant to this Agreement in the future fiscal yeats, the CITY shan so notify the CONSULTANT and this Agreement shall be null and void for purposes of the fiscal budget year(s) affected by the decision of the governing body not to appropriate. 5. Invoices. CONSULTANT agrees to submit to the CITY detailed invoices at least monthly for work performed and reimbursable expenses actually incurred. The invoices shaH identify the personnel performing the work, the date of the work, the work performed and the time required to the one-tenth of an hour. Charges 1 for subcontracted work will be supported with similar documentation. Charges for reimbursable expenses will specifically identify the type and amount of each expense in a manner consistent with the classifications of reimbursable expenses set forth in Exhibit C. 6. Pavment. Invoices will be due and payable within 45 days of receipt by the CITY. If the CITY disputes any items in CONSULTANT's invoice for any reason, the CITY may temporarily delete the disputed item and pay the remaining amount of the invoice. The CITY will promptly notify CONSULTANT and request cfarification and/or correction. Following resolution of any dispute, CONSULTANT will include the disputed item as resolved on a subsequent invoice. The CONSULTANT retains the right to assess the CITY interest at the rate of up to one percent (1%) per month on undisputed invoices which are not paid within 45 days of receipt by the CITY. 7. Nonoerfonnance. If either party faits to comply with any tenn of this Agreement within 10 days after written notice to comply has been mailed by the non- defaulting party to the defaulting party, such failure shaH be deemed an immediate breach of this Agreement. In such case, the non-defaulting party may pursue against the defaulting party such remedies as provided by law or in equity, including without limitation, the right to specifically enforce this Agreement In addition, the non-defaulting party may recover its costs and reasonabte attorneys' fees incurred in any action related to such breach. In the event of such tennination upon the default of the CONSULTANT, the CONSUlTANT shaH not be entitled to further compensation from the CITY for work performed or costs sustained following the date of termination. &. Termination. Either party may terminate this Agreement, with or without cause, upon 30 days advance written notice to the other party. In the event of such termination, the CONSUlTANT shaH be compensated for such services as have been perfonned through the date of termination. 9. ReIationshiD. It is expressly understood that CONSULTANT in performing services under this Agreement, does so as an independent contractor. The City shaD neither have nor exercise any control or direction over the methods by which CONSULTANT performs its services hereunder. The sole interest and responsibility of the City is to see that the services covered by this Agreement are performed and rendered in a competent, efficient, and satisfactory manner. CONSULTANT shan be exclusively responsible for all taxes. withholding payments, empIoyment-based benefits, deferred compensation plans, including but not limited to its workers compensation and socia' security obtigations, and the fifing of all necessary documents. forms. or returns pertinent to the foregoing. 10. IniuN to Persons or Damaae to ProDertv. CONSULTANT aclmowtedges responstbility for any injury to person(s) or damage to property caused by its emptoyees or agents in the performance of its duties under this Agreement and shall immediately notify the City's Risk Management Deparbnent at (785) ~5705 in the event of such injury to person(s) or damage to property. 2 11. Indemnification. CONSULTANT agrees to indemnify and save harmless the City, its officials, agents, servants, officers, directors and employees from and against all claims, expenses, demands, judgments and causes of action for personal injury or death or damage to property where, and to the extent that, such claims, expenses, demands judgment or causes or action arise from CONSULTANT's negligent acts. Notwithstanding any provision in this Agreement to the contrary and whether arising out of tort, breach of contract. strict liability, third party claims or any legal theory: neither CONSULTANT (and its employees, agents, contractors and representatives) nor CITY (and its employees, agents, contractor and representatives) shall be responsible to the other for any special, incidental, indirect or consequential damages. 12. Insurance Reauirements. CONSULTANT shall maintain the following insurance coverage without interruption from the date of the commencement of this agreement until date of final payment and termination of any coverage required to ba maintained after final payment Professional Liability - Errors and Omissions The CONSULTANT shaH provide Engineers Professional Liability Insurance with Umits not less than $500,000, covering the liability of the CONSULTANT and any and all consultants, agents or independent contractors whidl are employed or retained by the CONSULTANT. The insurer must be aa:eptabte to the City of Salina. In the event coverage provided is a daims 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) under which the City of Salina shalt be afforded protection. In lieu of the above coverage, the CONSULTANT may provide the desaibed coverage for his own finn in the above amount and submit proof aU his consultants, agents and independent contractors have insurance deemed adequate by the City of Salina. Commercial General Uabilitv Insurance CONSULTANT shaH provide public liability insurance coverage in an amount no less than $500,000 covering the liability of CONSULTANT and any and alt consultants, agents or independent contractors which are employed or retained by CONSULTANT on an occurrence basis. In lieu of the above coverage, CONSULTANT may provide coverage for its own firm in the above amount or an additional amount and submit proof all its consultants, agents and independent contractors have insurance deemed adequate by the City of Sanna. Automobile Liability CONSULTANT shaH provide coverage protecting CONSULTANT against daims for bodily injury and/or property damage arising out of the ownership or use of any owned, hired and/or non-owned vehicle. Required minimum limits: $500,000 each accident. combined single limits, bodily injury and property damage. 3 Worker's Comoensation Before beginning any work, CONSULTANT shall furnish to the City satisfactory proof that he has taken out, for the period covered by the work under this contract. full workers' compensation coverage as required by state law for all persons who he may employ directly, or through subcontractors, in carrying out the work contemplated under this contract, and shall hold the City free and harmless for aU personal injuries of aU persons who the CONSULTANT may employ directly or through subcontractors. Certificate(s) of Insurance Certificate(s) of Insurance acceptable to the City shalt be filed with the City at the time this Agreement is executed. These certificates shall contain a provision that coverage afforded under the policies will not be cancelled or substantially changed until at least thirty (30) days prior written notice has been given to the City and acknowledged. Notice of Claim CONSULTANT, upon receipt of notice of any ctaim in excess of $1,000 in connection with this Agreement shall promptly notify the Risk Management Department, (785) 309-5705, providing full details thereof, including an estimate of the amount of loss or liability. 13. Equal Opportunity. In conformity with Chapter 13 of the Sanna Code, the CONSUL TANT and its subcontractors, if any, shall: a. Observe the provision of Chapter 13 of the Salina Code and shall not discriminate against any person in the perfonnance of work under this Agreement; b. Include in all solicitations, or advertisements for employees, the phrase "equal opportunity employer, .. or a similar phrase to be approved by the city's human refations director; and c. Not discriminate against any employee or applicant for employment in the performance of this Agreement; and d. Include similar provisions in any subcontract under this Agreement. 14. Affinnative Action. The CONSULTANT agrees to abide by the Salina Code Sections 13-132 and 133 relating to affirmative action and affirmative action ptans, attached and incorporated herein as Exhibit D. 15. ComD.ianee with ADDlicabIe Law. CONSULTANT shall comply with all applicable federal, state, and local law in the performance of its duties under this Agreement. 16. ~ianabIe. Due to the unique qualifications and circumstances of the parties, neither the righIs nor the responsibititieprovided for tmder 1hisAgreement shaH be assignabfe by either party, ei1her in whole or in part. 4 17. Feminine-Masculine. Sinaular-Plural. Wherever used, singular shall include the plural, plural the singular, and use of any gender shall include all genders. 18. Kansas Law Aoolies. This Agreement and its validity, construction and perfonnance shall be governed by the laws of Kansas. This Agreement shall be interpreted according to its fair meaning, and not in favor of or against any party. 19. Severabilitv. The unenforceability, invalidity, or illegality of any provision of this Contract shall not render the other provisions unenforceable, invalid, or illegal. 20. Time. Time is of the essence of this Agreement No extension will be granted unless in writing and signed by the parties. Should the end of a time period fall on a legal holiday, that time period shall extend to .5:00 p.m. of the next full business day. 21. Persons Bound-Cooies. This Agreement shall extend to and bind the successors and assigns of the parties hereto, and may be executed in any number of counterparts, each of which shall be deemed an original, or in multiple originals, and all such counterparts or originals shall for all purposes constitute one agreement 22. Notices. All notices and demands shall be given in writing either by personal service or by registered or certified mail, postage prepaid, and retum-receipt requested. Notice shall be considered given when received on date appealing on the return receipt, but if the . receipt is not returned wi1hin five (5) days, then forty-eight (48) hours after deposit in the mail. Notices shall be addressed as appears below. for each party, provided !hat if any party gives notice of a change of name or address, notices to the giver of that notice shaD thereafter be given as demanded in that notice. CITY: Daniel R. Stack, PE 300 W. Ash, P.O. BoK736 SaOna, KS 67402 CONSULTANT: Jason D. Rourt<:e, PE P.O. Box 18 Minneapolis, KS 67467 23. TvD8Written OF Handwritten Provisions.. Typewritten or handwritten provisions inserted or attached shall supersede aU con1Iicting printed provisions. 24. Meraer Clause. These terms are intended by the parties as a complete, conclusive and final expression of aD the conditions of their Agreement. No other promises, statements, warranties, agreements or understandings, oral or written, made before or at the signing thereof, shalt be binding unless in writing and signed by aU parties and attached hereto. Any amendment to tis Contract, including an orat modification supported by new consideration, must be reduced to writing and signed by both parties before it wiD be effective. 25. Attachments: The following Exhibits and other doaJments are attached to and made a part of this Agreement 5 ,-- a. Exhibit A: Scope of Services. Exhibit B: Schedule. b. c. Exhibit C: Estimate of Costs. d. Exhibit D: Salina Code Sections 13-132 and 13-133. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective proper officials. Executed by the CONSULTANT this 5 day of ~l: ,tJ" r Executed by the CITY this 5~ day of ~ 20 07' 20 (JJf CITY OF SALINA, KANSAS ("ClTV') RMA, Engineering ("CONSULTANT") LLC, By: 7%.~~ . . ,M. Luci ~~on~ " ayor By: ~ ~ - J on Rourke, PE ATTEST: Title: Co Owner ATTEST: ',' By:~~~am \, .-.--1 '-. . J/:-J!# By: TrUe: Co Owner APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: Title: TrUe: 6 ~ Exhibit A - Scope of Services I. Perform a detailed topological and utility survey to locate the existing alignment, fences, trees, drainage structure flowlines and sizes, and other pertinent physical features necessary for design. Utilities will be located from markings on the ground and estimated depths provided by the respective utility companies. Right of way and property lines will be located using old plans and other information provided to the CONSULTANT by the CITY to best fit conditions in the field. The limits of the survey and design will be the north radius point of the MarymountJGlen intersection to the south approximately 375 feet. On Glen starting at the east edge of Claremont then east approximately 1100 feet to the intersection of MaIymount and Glen then east approximately 150 feet to the property line east of the Marymoont/Glen intersection. 2. Design of the storm water system. This will include two preliminary options to review with the City. This will include a two hour meeting with the City to discuss the two options and decide what option will be utilized in the final construction plans. The drainage areas included in this project will only be those that directly contribute to Marymount, Glen and Ruskin streets. 3. Prepare and furnish preliminary and final construaion plans and opinion of probable construaion costs to aid the CITY in finaJi7.ing bid documents. Note: The existing trqffic signal at the intersection of Glen and Marymount will remain in place. There will be no geotechnical investigations as part of this project. The typical sections for the road pavement will match the section that the CiTY is utilizingfor the construction of Marymount Road north of Glen. r-... Exhibit B - Schedule 1. RMA will complete the two drainage options and 40% plans (preliminary plans) in the scope of work on or before October 30, 2009. 2. RMA will complete the final construction plans and opinion of probable construction costs in the scope of work on or before November 13,2009. !-- Exhibit C - Company Personnel and Hourly Rates Name Title Role Billing: Rate Jason Rourke, PE Civil Engineer Project Manager $90 JP Metzler. PE Water Resources Engineer Hydrology and Hydraulics $90 Harvey Ruder. PE* Survey Manager Survey $90 *Harvey Ruder is owner of Ruder Engineering and Surveying Exhibit C - Manbour Estimate/OveraU Total Estimated Costs Hourly Rates Used for Cost Estimates $90 , Total Total Hours Costs Survey Research 8 $720 Field Work 16 $1,440 Processing 12 $1,080 Storm Sewer Design Review Existing Data 8 $720 Preliminary Model 16 $1,440 Preliminarv Design of 2 Options 24 $2,160 Preliminarv Opinion of Construction Costs of 2 Options 4 $360 Meeting with City tg discuss20Dtions 2 $180 Final Model 16 $1,440 Final Design 16 $1,440 Street Design Marymount Horizontal Alignment 2 $180 Glen Horizontal Alignment 2 $180 Ruskin Horizontal Alignment 1 $90 Marvmount Vertical Alignment 2 $180 Glen Vertical Alignment 2 $180 Ruskin Vertical Alignment 1 $90 GlenlMarvmount Intersection Design 8 $720 RuskinlMarymount Intersection Desion 8 $720 Model Input Hoirzontals 2 $180 Input Verticals 2 $180 Develop Tvpical Section 2 $180 Produce Model 24 $2,160 Extract Quantities 8 $720 Plan Production Road PlanlProfiles 18 $1,620 Storm Plan/Profiles 12 $1,080 Intersection Details 16 $1,440 Detail Sheet 6 $540 Quantities 16 $1,440 Proiect Management Proiect Oversight 6 $540 Totals 260 $23,400 ..-l Exhibit D See. 13-132. Affirmative action by contractors required. (a) Any contractor entering into a contract with the city and such person's subcontractor shall take affirmative action to insure that employees are treated equally without reg~ to their race, sex, religion, age, color, national origin, ancestry or disability. Such affirmative action shall include, but not be limited to, the following: Employment, upgrading, demotion or transfer, recruiting or recruitment, advertising, layoff or tennination, rates of payor other forms of compensation and selection for training, including 8pJnt<Dticeship. The contractor and subcontractor shall agree to post, in conspicuous places available to employees and applicants for employment, notices to be provided by the director setting forth provisions of this article. The contractor and such person's subcontractors shall provide all affirmative action information and necessmy docmnents to implement the compliance with the requirements of all federal, state and local laws and ordinances. (b) It shall be no excuse that the employer has a collective bargaining agreement with any union providing for exclusive referral or approval systems. The failure of 1he contractor or subcontractors to comply wi1h the requirements of this article shaD be grounds for cancellation; tennination, or suspension of the contract, in whole or in part, by 1he board of commissioners with 1he contractor or subcontractors until satisf3ctmy proof with intent to comply will be submitted to and accepted by the board of commissioners. (Ord. No. 92:'9493, ~ 1,2-3-92) Sec. 13-133. Aftinnative aetion plans. Every contractor and subcontractor prior to entering into a contract with the city shall submit to the director of human relations an acceptable written affirmative action plan which shall: (1) Identify areas of employment, employment policies, and employment practices which require action by the contractor or subcontractor to assure equal employment opportunity; (2) Analyze these areas, policies and practices to detennine what actions by said contractor or subcontractor will be most effective; (3) Establish a plan with goals and timetables designed to achieve equal employment opportunity; and (4) Include provisions for implementation, monitoring, and periodic evaluation in order to insure that it continues to be a valid plan. (Ord. No. 92:'9493, ~ 1,2-3-92)