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Agr Earles & Riggs AGREEMENT FOR ENGINEERING SERVICES between EAST BANK ESTATES HOMEOWNERS' ASSOCIATION, THE CITY OF SALINA, KANSAS and EARLES & RIGGS Engineers, Planners, and Landscape Architects THIS IS AN AGREEMENT made as of the 18 day of ~, 2002, by and between East Bank Estates Homeowners' Association and the City of Salina, Kansas hereinafter called the CLIENT'S, and Earles & Riggs, Engineers, Planners, and Landscape Architects, Salina, Kansas, hereinafter called the CONSULTANT. The intent is to redo the drainage for the Cossette Subdivision located in Salina, Kansas. The CLIENT'S and CONSULTANT, in consideration of their mutual covenants, herein agree to the performance of professional engineering services by the CONSULTANT and the payment for those services by the CLIENT'S, as more particularly set forth herein. SECTION I ENGINEERING SERVICES The CONSULTANT will review the existing conditions, pipe sizes, filling and ditch conditions. We propose to redesign the drainage system to incorporate as much of the existing conditons as possible. SITE SURVEY The project location will be surveyed to document existing conditions, including all existing drainage pipes and structures if any. Right-of-way conditions will be indicated on the plans. A base map of the site, with elevations referred to USGS Sea Level Datum, will be prepared at an appropriate scale to allow graphic presentation of the existing site. PRELIMINARY ENGINEERING The basic design will be laid out in documentation form with sketches. If this is acceptable, and all agree contractors may be used to complete the work based on the prelimianry design FINAL DESIGN If all agree that final plans are necessary, then final plans and profile sheets and details would be completed, with specifications for bidding. MEETINGS In order to present and explain the findings of the assessment procedures and the design process, and to receive review and guidance from the CLIENT'S, the CONSULTANT will attend up to two (2) formal meetings with CLIENT'S officials and staff as part of the service contract. Additional meetings as desired can be negotiated as needed. - 1 - In addition to the specific working meetings, the CONSULTANT, during the course of the engineering contract, will maintain continuous contact through informal meetings with the CLIENT'S as necessary, to assemble data and successfully complete the contract. Such contact will not be by schedule, but will occur as appropriate at intervals throughout the design program. PRINTING During the course of the project, all materials to be completed as part of the contract will be prepared in preliminary format for review and decision by CLIENT'S prior to preparation of final documents. Also to be delivered to the CLIENT'S at the conclusion of the project, will be reproducible copies of the drainage system, as well as other materials assembled during the course of the work such as data files, maps and similar items which pertain to the project. SECTION II Fee and Method of Payment The CLIENT'S agrees to pay the CONSULTANT: PHASE I DESIGN Surveying - $2,500,00 Preliminary Engineering - $3.450.00 $5,950.00 Upon approval of all parties we would proceed with Phase II final design documents. PHASE II DESIGN Final Design - $4,800,00 The CLIENT'S agrees to pay equal portions to the CONSULTANT for the completion of the redesign drainage system. Payments shall be made to the CONSULTANT on the basis of monthly progress reports representing percent complete of each specified work item. SECTION III Amendments This Agreement constitutes the entire agreement between the parties and shall not be changed except upon written mutual agreement between a Partner of CONSULTANT and a duly authorized representative of the CLIENT'S. SECTION IV Consultant Assurances The CONSULTANT agrees to comply with the following special covenants and to conform to all Federal, State, and local laws: A. DISCRIMINA nON The CONSULTANT, in performing the work or services required pursuant to this Agreement, shall not discriminate against any person, employee, or applicant for employment because of race, color, sex, religion, national origin, age, ancestry, or physical handicap in violation of any Federal or State law. - 2 - B, COVENANT AGAINST CONTINGENT FEES The CONSULTANT warrants that it has not: (1) Employed or retained any company or person, other than a bona fide employee working for the CONSULTANT to solicit or secure this Agreement, or paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting ITom the award or making of this Agreement. For breach or violation of this warranty, the CLIENT'S shall have the right to annul this Agreement without liability, or in its discretion to deduct ITom the Agreement price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee, (2) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any finD or person in connection with carrying out the services of any finD or person in connection with carrying out the contract, or (3) Paid or agreed to pay to any finn, organization, or person (other than a bona fide employee working solely for the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for or in connection with, procuring, or carrying out the contract; except as here expressly stated: NONE. SECTION V Other Considerations Termination: This Agreement may be tenninated by either party upon seven (7) days written notice in the event of substantial failure by the other party to perfonn in accordance with the tenus hereof through no fault of the tenninating party; provided, however, that in any such case, the Consultant shall be paid the reasonable value of the services rendered up to the time of tennination on the basis of the payment provisions of the 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 tenninated, 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. Allocation of Risks-Indemnification: To the fullest extent pennitted by law, the Consultant shall indemnify and hold hanDless the Owner and its officers, directors, partners and employees agent ITom 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 professioanls and all court or arbitration or other dispute resolution costs) caused soley by the negligent acts or omissions of the Consultant or the Consultant's officers, directors and employees in the perfonnance and furnishing of Consultant's services under this Agreement. To the fullest extent pennitted by law, the Owner shall indemnify and hold hanDless the Consultant and the Consultant's officers, directors and employees ITom 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 and employess with respect to this Agreement or the Project. - 3 - IN WITNESS WHEREOF the parties hereto have made and executed this Agreement as of the day and year first above written. EAST BANK ESTATES :~~t~ON Date 10""}' ~ ~ o:;J, 4 CITY OF SA~INA, KANSAS By Date EARLES & RIGGS By~)¿k Peter W. Earles P.E. Partner ~.: P.tÞ~ Partner -4-