8.3 Agr Engr Serv CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE TIME
08/23/99 4:00 P.M.
AGENDA SECTION:
NO.
ITEM
NO.
ORIGINATING DEPARTMENT:
Utilities Department
APPROVED FOR
AGENDA:
BY: Don Hoff BY:
ITEM
An agreement for engineering services has been submitted by Bucher, Willis and Ratliff for certain
sanitary sewer improvements on Front Street.
BACKGROUND
The Wastewater Division's system enhancement budget permits the rehabilitation/reconstruction of
manholes, pipeline, pump stations, etc., in our aging wastewater system facilities each year. A section
of 24" gravity sanitary sewer pipeline under the main tracks of the Union Pacific Railroad on Front
Street between Forest Avenue and Railroad Avenue requires rehabilitation/replacement. This line was
installed prior to 1920 as a combination storm/sanitary sewer but is functioning today as only a sanitary
sewer pipeline.
The attached agreement addresses the field and design services required to allow this section of sanitary
sewer to be rehabilitated/reconstructed. This agreement includes all necessary field surveys;
preparation of detailed construction drawings and specifications; coordination with the railroad;
submittals of designs to regulatory and permitting agencies; and project bidding.
The fee schedule includes both an estimated cost and fixed fee. The estimated cost of $10,946.20 is
based on projected costs (direct labor, printing, transportation, overhead, etc.) incurred by Bucher,
Willis and Ratliff to provide the engineering services outlined in the agreement. The fixed fee of
$1,509.37 shall be exactly the amount stated in the agreement and is not dependent upon actual final
costs.
RECOMMENDATION
We have reviewed the agreement and find the scope of services to be provided will allow the facilities
to be designed and constructed to meet our current requirements. The labor and miscellaneous costs
associated with each engineering task was analyzed and the estimated fee to perform each of the above
services appears reasonable. It is our recommendation, therefore, the City Commission approve the
attached agreement as submitted by Bucher, Willis and Ratliff for engineering related services in an
amount not to exceed $12,455.57.
Attachment: Agreement
Resolution 99- 5511
AGREEMENT FOR ENGINEERING SERVICES
THIS AGREEMENT, made and entered into this 2~rd day of August, by and between
the City of Salina, Kansas, hereinafter referred to as the "Owner", and Bucher, Willis & Ratliff
Corporation with offices located in Salina, Kansas, hereinafter referred to as the "Consultant."
WITNESSETH:
WHEREAS, the Owner desires to have the Consultant provide engineering services for
Sanitary Sewer System Improvements in the area of Front Street between Forest Avenue and
Railroad Avenue in Salina, Kansas, 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 above
written.
ARTICLE I
CONSULTANT'S RESPONSIBILITIES
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 connection with the Consultant's serVices.
ARTICLE II
SCOPE OF SERVICES
TO BE PROVIDED BY THE CONSULTANT
A. Design Phase Services
The Consultant, will perform or furnish the necessary engineering and related services to
enable the Owner to receive comparative bids and award a construction contract for the Project as
stipulated herein. The Consultant agrees to perform the following services:
Assemble and review available plans, studies and other pertinent data related to the
existing sanitary collection system and the Project site.
2. Obtain permission to survey and enter property of Railroad.
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date.
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Conduct field inspections and surveys necessary to perform design analysis, and
prepare design, construction plans and technical specifications for the project.
Review alternative construction methods and procedures for project with
representatives of Owner. '~'
Prepare preliminary design, construction plans and listing of technical specifications
for the selected alternative of Item 4 above in accordance with current Local, State
and Federal agencies.
6. Review preliminary plans with representatives of the Owner.
Perform final design and prepare construction plans for the Project in accordance
with the approved preliminary plans.
8. Prepare technical specifications as needed for construction of the project in
accordance with the final plans.
9. Calculate the approximate quantities of the construction bid items.
10.
Prepare an opinion of probable construction cost based on the quantities of the
construction bid items. Since Consultant has no control over the cost of labor,
materials or equipment furnished by contractors, or over competitive bidding or
market conditions, his opinions of the Project cost or construction cost is based on his
experience and best judgement, but Consultant cannot and does not guarantee costs.
11.
Submit Plans, Specifications and the opinion of probable cost to the Owner for
review.
12.
Make revisions required after review. Two (2) sets of Contract documents will be
submitted to the Owner.
13.
Provide to the Owner one reproducible tracing for each sheet of the construction
plans and one set of reproducible technical specifications.
14.
Provide Owner with a reproducible copy of "Railroad Crossing Permit" documents
to use for obtaining permission to construct sewer on railroad property.
15. Be available during the bidding period to answer questions and provide
interpretation of the Plans and Specifications as needed.
Construction Phase Services
The scope of services and fee for the Construction Phase Services will be negotiated at a later
Bucher, Willis & Ratliff Corporation - 2
ARTICLE III
OWNER'S RESPONSIBILITIES
The Owner shall do the following in a timely manner so as not to delay the services of the
Consultant and shall bear all costs thereto:
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.
Make available to the Consultant all existing records, maps, plans and other
information possessed by Owner which are relevant to the Consultant in the
completion of the work under this Agreement.
Provide all criteria and full information as to Owner's requirements for the Project,
including design objectives and constraints, performance requirements, any
budgetary limitations; and furnish copies of all standard forms, design standards and
construction standards which Owner will require to be included in the Plans and
Specifications.
Furnish to the Consultant, upon the request of the Consultant for performing the
services, data prepared by or services of others, including without limitation
explorations and tests of subsurface conditions at or contiguous to the site, drawings
of physical conditions in or relating to existing surface or subsurface utilities or
structures at or contiguous to the site, hydrographic surveys, environmental
assessments, impact statements and other relevant environmental or cultural studies
pertaining to the Project, the site and adjacent areas.
Furnish existing relevant property descriptions and zoning, deed and other land use
restrictions.
Be responsible for, and instruct the Consultant to rely upon, the accuracy and
completeness of all information furnished pursuant to this Article III, Owner's
Responsibilities. Consultant may use such data and information in performing or
furnishing services under this Agreement.
o
Arrange for access to and make all provisions for the Consultant to enter upon public
and private property as required for Consultant to perform services under this
Agreement.
Examine all alternate solutions, studies, reports, sketches, plans, specifications,
proposals and other documents presented by the Consultant and render in writing
decisions pertaining thereto.
Attend the pre-bid conference, bid opening, pre-construction conference, construction
progress and other Project-related meetings and final inspections.
10.
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.
Bucher, W~lis & Ratliff Corporation - 3
ARTICLE IV
TIME SCHEDULE
A. Design Phase Services
The Consultant agrees to complete the work included in Items 1 through 3, inclusive, under
Article II, Scope of Services, within twenty-one (21) calendar days following receipt of a notice-to-
proceed from the Owner. The Consultant will provide services described in Item 4 when scheduled.
Services described in Item 5 will be performed within twenty-one (21) calendar days following
written notification from the Owner of the selected alternate. The Consultant will provide services
described in Item 6 when scheduled. The Consultant further agrees to complete services described
in Items 7 through 11, inclusive, within thirty (30) calendar days following the date of Review
Meeting. Services described in Items 12 through 14 will be performed promptly upon receipt of
review comments from the Owner. Services described in Item 15 will be performed during the
advertisement period and at the direction of the Owner.
B. Construction Phase Services
The Consultant agrees to complete these services in a timely manner as the construction work
progresses.
ARTICLE V
COMPENSATION
A. Design Phase Services
The Owner shall compensate the Consultant for the performance of Design Phase Services
described in Article II, Scope of Services as follows:
The sum of the following amounts:
Actual salary costs, overhead costs at 1.6461, computer costs and other direct project
costs as shown on the Consultant's accounting records.
A fixed fee of One thousand five hundred nine dollars and thirty-seven cents
($1,509.37).
The total billings for Design Phase Services as described in Article II shall not exceed Twelve
thousand four hundred fifty-five dollars and fifty-seven cents ($12,455.57).
Payment for Design Phase Services shall be made in installments billed not more frequently
than once each month upon receipt of invoices from the Consultant.
B. Construction Phase Services
The compensation for Construction Phase Services shall be negotiated near the completion
of the Design Phase and prior to the award of a construction contract.
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ARTICLE VI
GENERAL PROVISIONS
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 completion of the Design Phase and the Construction Phase. 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
amounts 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.
Change 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.
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 others 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.
Insurance: The Consultant shall procure and maintain insurance for protection from claims
under workers' compensation acts, claims for damages because of bodily injury including
personal injury, sickness or disease or death of any and all employees, and from claims or
damages because of injury to or destruction of property including loss of use resulting
therefrom. The Consultant shall list the Owner as an additional insured on the Consultant's
general liability insurance policy.
The Owner shall list the Consultant as an additional insured on any general liability or
property insurance polities carried by Owner which are applicable to the Project. The Owner
shall require the Contractors to purchase and maintain general liability and other insurance
as specified in the Contract Documents and to list the Consultant as an additional insured
with respect to such liability, property and other insurance purchased and maintained by the
Contractors. All policies of property insurance shall contain provisions to the effect that the
Consultant's interests are covered and that, in the event of payment of loss or damage, the
insurers will have no rights of recovery against any of the insured or additional insured
thereunder.
Termination: This Agreement may be terminated by either party upon seven (7) days written
notice in the event of substantial failure by the other party t.o perform in accordance with the
terms hereof through no fault of the terminating party; provided, however, that in any such
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10.
case, the Consultant shall be paid the reasonable value of the services rendered up 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 Agreement 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.
Controlling Law: This Agreement is to be governed by the law of the principal place of
business of the Consultant.
Allocation of Risks-Indemnification: To the fullest extent permitted by law, the Consultant
shall indemnify and hold harmless the Owner and its officers, directors, partners, employees
and agents from and against any and all claims, costs, losses and damages (including, but not
limited to all fees and charges of engineers, architects, attorneys and other professionals and
all court or arbitration or other dispute resolution costs) caused solely by the negligent acts
or omissions of the Consultant or the Consultant's officers, directors, employees, agents and
subconsultants in the performance and furnishing of Consultant's services under this
Agreement. The Owner agrees that the Consultant's professional liability for negligence or
breach of warranty in the performance or furnishing of designs, Plans, Specifications, the
designation of materials and equipment, the selection and supervision of personnel, or the
performance of any other services in connection with this Agreement shall in no event exceed
the amount of total compensation received by the Consultant for services rendered in
connection with this Agreement.
To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the
Consultant and the Consultant's officers, directors, employees, agents and subconsultants
from and against any and all claims, costs, losses and damages (including, but not limited to
all fees and charges of engineers, architects, attorneys and other professionals and all court
or arbitration or other dispute resolution costs) caused solely by the negligent acts or
omissions of the Owner or the Owner's officers, directors, partners, employees, or agents
with respect to this Agreement or the Project.
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.
Severability: 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 shall 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
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certified mail, return receipt requested, by facsimile or by a nationally recognized overnight
courier service. All notices shall be effective upon the date of receipt.
11.
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
in 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 w!thout limitation, moneys that are due or may become due) in this
Agreement without the written consent of the other, 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 any 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:
CITY OF SALINA, KANSAS
By:
Title:
BUCHER, WILLIS & RATLIFF CORPORATION
William D. Strait, AICP
Title: Principal & Executive Vice President
Address for giving notices:
Address for giving notices:
Bucher. Willis & Ratliff Corporation
609 W. North Street
Salina, Kansas 67401
Bucher, W~lis & Ratliff Corporation - 7
City o1' SaJina - Front Street - Sanitary Sewer System Improvements
PROPOSAL FOR ENGINEERING SERVICES
SUMMARY OF PROPOSED AMOUNTS
FRONT STREET SANITARY SEWER SYSTEM IMPROVMENTS
Field Surveys
Estimated Costs
Fixed Fee
SURVEYS - TOTAL COSTS PLUS FIXED FEE
Design
Estimated Costs
Fixed Fee
DESIGN - TOTAL COSTS PLUS FIXED FEE
TOTAL COSTS PLUS FIXED FEE
TOTAL - COST BREAKDOWN
Total Cost $10,946.20
Total Fee $1,509.37
Total $12,455.57
13-Aug-99
$3,146.10
$456.35
$7,800.10
$1,053.02
Attachment 'A"
$3,602.45
$8,853.12
$12,455.57