Loading...
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. Bucher, W~lis & Ratliff Corporation - 1 Bo date. o 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. Bucher, W~lis & Ratliff Corporation - 4 o ° 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 Bucher, W~lis & Ratliff Corporation - 5 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 Bucher, W~lis & Ratliff Corporation - 6 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