Agr Replace Lakewood Bridge
SUPPLEMENTAL AGREEMENT FOR ENGINEERING SERVICES
THIS SUPPLEMENTAL AGREEMENT, made and entered into this ~4tk- day of
fY1irU\. , 2003, 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
CONSUL T ANT'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
The scope of work covered by this proposal includes the design and plan preparation to provide
for the installation of decorative railing and lighting on the Lakewood Drive Bridge. Also
included in this scope of work is the development of trail plans for the relocated truss near the
Lakewood Middle School. The proposed trail will begin at the east end of the approach slab of
the truss and extend to the asphalt parking lot at the middle school.
Engineering plans shall be prepared using METRIC units in accordance with current standard
KDOT procedures, in ink on permanent media such as mylar in the format 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. Trail design will be accomplished
in accordance with the most recent editions of the Kansas Bicycle Transportation Facilities
Guide, and the AASHTO Guide to the Design of Bicycle Facilities.
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 FOR LIGHTING AT LAKEWOOD
DRIVE BRIDGE
TASK I - DESIGN AND PREP ARE PLANS FOR DECORATIVE RAILS AND LIGHTING
1. Design bridge deck to accommodate wider column at the four corners of the bridge to allow
the placement of anchor bolts for the decorative lighting on the slab bridge.
2. Coordinate conduit termination with City staff and revise plans and quantities to reflect
changes due to the conduit and decorative lighting.
PHASE 2-DESIGN AND PLAN PREPARATION FOR TRAIL AT RELOCATED TRUSS
TASK I - PREP ARE PLANS AND SPECIFICATIONS FOR THE TRAIL
1. Typical paving sections-, concrete joint details, sign/sign placement details and miscellaneous
details for trail construction will be developed as well as plan and profile sheets with grading
cross sections in anticipation of the successful award of the Enhancement grant.
2. Special provisions for the construction of the trail and appurtenances will be developed under
this task for submittal to KDOT assuming a successful award.
PROJECT SCHEDULE
The project schedule for the work associated with the decorative rail and lighting is the same as
the original project and is reproduced below. The Enhancement program does not make its
selections known until sometime in April so that schedule cannot be determined at this point in
time and will be revised at a later date.
Smoky Hill Bridge
Notice to Proceed (11/19!Ol)
Survey
Preliminary Design/City Review
------------------- - -~-
Field Check Plans to BLP
Field Ched< Complete
Office Check Plans to BlP
Final (beck Plans to BlP
Approved final Pions to BlP
RIW Clearances to BlP
Utility Form to BlP
COE Permits to BlP
KSWR Permits to BlP
letting/Construction
1 2 3 4 5 6 7 I 8 9 1O
I
- -
2{3( 101 I
Months
11112 13 14115 16 17118 19 20 21 22 23 24 25
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3/1 ~/02
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7/11/02
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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 cost thereto:
1.
Designate in writing a person to act as Owner's representative with respect to the services
to be perlormed 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 lIT, Owner's
Responsibilities. Consultant may use such data and information in perlorming 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 perlorm 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 perlormance 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
TIME SCHEDULE
The Consultant agrees to complete services as described in Article IT, Scope of Services,
Project Schedule within the time schedule established by the Kansas Department of
Transportation.
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.
For the work associated with the decorative railing and lighting in Article II, Phase I, 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 Three Hundred Forty-Nine dollars and no cents ($349.00).
The total amount of compensation for Phase I as described in Article II, Scope of
Services shall not exceed Three thousand two hundred fifty nine and no cents ($3,259.00)
without prior approval of the Owner. The total amount of the original contract and this
supplemental agreement for the work associated with the Lakewood Bridge Replacement is
$66,655.00.
For the work associated with the trail design in Article II, Phase II, 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 Three Hundred Eight dollars and no cents ($308.00).
The total amount of compensation for Phase I as described in Article II, Scope of
Services shall not exceed Three thousand one hundred eighteen nine and no cents ($3,118.00)
without prior approval of the Owner. The total amount of the contract for the first supplemental
agreement and this second supplemental agreement for the relocation of the Lakewood Drive
Truss is $56,121.00.
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.
1.
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 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 amounts of compensations to reflect reasonable costs incurred by
Consultant as a result of the delay or changes in the various elernents that comprise such
rates of compensation.
2.
Change in Scope: The scope of the work described in Article ll, 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
written 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 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
5.
6.
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.
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 aggregate 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 coverage, 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.
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.
11.
Indemnification Clause: The Consultant agrees, to the fullest extent permitted 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, errors or omissions in the performance of professional
servIces.
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.
12.
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 mail, 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 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 without 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 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:
:::SOßø,j fi(!~
Mark R. Stark
Title:
Title: Group Leader
Date:
Date:
d. J;)~ ,/ð3
Address for giving notices:
Address for giving notices:
Olsson Associates
1111 Lincoln Mall
Lincoln, Nebraska 68508