South 9th Street Artwork Engineering Services AGREEMENT BETWEEN THE CITY OF SALINA, KANSAS
and
GEOTECHNICAL SERVICES, INC.
for
ENGINEERING SERVICES
This Agreement is entered into on the latest date of execution shown on the
signature page by and between the City of Salina, Kansas, (the "CITY") and
GEOTECHNICAL SERVICES, INC., a Kansas corporation, (the "CONSULTANT").
Recitals
A. The CITY's street system includes South Ninth Street between Schilling
Road and Avenue A in Salina, Kansas.
B. . The CITY desires to contract for geotechnical services necessary to
assure suitability of soil for artwork foundations in.compliance with all federal and state
regulations.
C. The CONSULTANT has the requisite qualifications and experience to
perform the services desired by the CITY and desires to perform those services
pursuant to the terms of this Agreement.
The parties therefore agree and covenant:
1. Scope of Services. The CONSULTANT agrees to perform the services
outlined in the attached and incorporated Exhibit A.
2. Term. The CONSULTANT agrees to perform the services according to
the timeframe described in Exhibit A, subject to prior termination pursuant to the terms
of this Agreement.
3. Compensation. The CITY agrees to compensate the CONSULTANT in
the lump sum amount of $2,140, plus a contingency for plugging geotechnical
explorations that encounter groundwater, as more fully described in E hibit A.
4. Non-appropriation. 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 governing body does
not appropriate the funds necessary to compensate the CONSULTANT for services to
be provided pursuant to this Agreement in the future fiscal years, the CITY shall 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 shall identify the personnel performing the work, the date of the
1
work, the work performed and the time required to the one-tenth of an hour. Charges
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 A.
6. Payment. 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 clarification 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. Nonperformance. If either party fails to comply with any term, 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 shall 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 reasonable attorneys' fees incurred in any action related
to such breach. In the event of such termination upon the default of the
CONSULTANT, the CONSULTANT shall not be entitled to further compensation from
the CITY for work performed or costs sustained following the date of termination.
8. 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 shall be compensated for such services as have been
performed through the date of termination.
9. Relationship. It is expressly understood that CONSULTANT in
performing services under this Agreement, does so as an independent contractor. The
City shall 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 shall be
exclusively responsible for all taxes, withholding payments, employment-based benefits,
deferred compensation plans, including but not limited to its workers compensation and
social security obligations, and the filing of all necessary documents, forms, or returns
pertinent to the foregoing.
10. Injury to Persons or Damage to Property. CONSULTANT acknowledges
responsibility for any injury to person(s) or damage to property caused by its employees
or agents in the performance of its duties under this Agreement and shall immediately
notify the City's Risk Management Department at (785) 309-5705 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.
12. Insurance Requirements. 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 be
maintained after final payment
Professional Liability - Errors and Omissions
The CONSULTANT shall provide Engineers Professional Liability Insurance with
limits not less than $500,000, covering the liability of the CONSULTANT and any
and all consultants, agents or independent contractors which are employed or
retained by the CONSULTANT. The insurer must be acceptable to the City of
Salina. In the event coverage provided is a 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) under which the City of Salina shall be afforded protection.
In lieu of the above coverage, the CONSULTANT may provide the described
coverage for his own firm in the above amount and submit proof all his
consultants, agents and independent contractors have insurance deemed
adequate by the City of Salina.
Commercial General Liability Insurance
CONSULTANT shall provide public liability insurance coverage in an amount no
less than $500,000 covering the liability of CONSULTANT and any and all
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 Salina.
Automobile Liability
CONSULTANT shall provide coverage protecting CONSULTANT against claims
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.
Worker's Compensation
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
3
the work contemplated under this contract, and shall hold the City free and
harmless for all personal injuries of all persons who the CONSULTANT may
employ directly or through subcontractors.
Certificate(s) of Insurance
Certificate(s) of Insurance acceptable to-the City shall 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 claim 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 Salina Code,
the CONSULTANT 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 performance 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 relations 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. Affirmative Action. The CONSULTANT agrees to abide by the Salina
Code Sections 13-132 and 133 relating to affirmative action and affirmative action
plans, attached and incorporated herein as Exhibit B.
15. Compliance with Applicable Law. CONSULTANT shall comply with all
applicable federal, state, and local law in the performance of its duties under this
Agreement.
16. Non-assignable. Due to the unique qualifications and circumstances of the
parties, neither the rights nor the responsibilities provided for under this Agreement shall
be assignable by either party, either in whole or in part.
. 17. Feminine-Masculine, Singular-Plural. Wherever used, singular shall
include the plural, plural the singular, and use of any gender shall include all genders.
18. Kansas Law Applies. This Agreement and its validity, construction and
performance 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.
4
19. Severability. 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-Copies. 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 return-receipt
requested. Notice shall be considered given when received on date appearing on the
return receipt, but if the receipt is not returned within five (5) days, then forty-eight (48)
hours after deposit in the mail. Notices shall be addressed as appears below for each
party, provided that if any party gives notice of a change of name or address, notices to
the giver of that notice shall thereafter be given as demanded in that notice.
CITY: Dan Stack, P.E., City Engineer
P.O. Box 736, 300 W. Ash Street
Salina, KS,67402-0736
CONSULTANT: David Edwards, P.E.
4503 E. 47th Street South
Wichita, KS 67210
23. Typewritten or Handwritten Provisions. Typewritten or handwritten
provisions inserted or attached shall supersede all conflicting printed provisions.
24. Mercier Clause. These terms are intended by the parties as a complete,
conclusive and final expression of all the conditions of their Agreement. No other
promises, statements, warranties, agreements or understandings, oral or written, made
before or at the signing thereof, shall be binding unless in writing and signed by all parties
and attached hereto. Any amendment to this Contract, including an oral modification
supported by new consideration, must be reduced to writing and signed by both parties
before it will be effective.
25. Attachments: The following Exhibits and other documents are attached to
and made a part of this Agreement:
a. Exhibit A: Scope of Services, Schedule, Estimate of Costs, Project
Summary.
b. Exhibit B: Salina Code Sections 13-132 and 13-133.
5
C. Exhibit C: Services Provided by the City.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed by their respective proper officials.
Executed by the CONSULTANT this zs{`' day of v,ovEMBE 2 201 1
Executed by the CITY this
%-,--- day of lie '^" 20
CITY OF SALINA, KANSAS ("CITY') GEOTECHNICAL SERVICES, INC.,
("CONSULTANT")
By: By:
son A. Gage, City anager
Title: Oay k8 N . E�war�S, P.E_ I V•P.
ATTEST: ATTEST:
By: By: _ 1
Lieu Ann Elsey, City Clerk U
PP
Title: Pro �n J r -I Ste, c r.-Vraa
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: By:
Title: Title:
6
Exhibit A - Scope of Services, Schedule, 4503 E.47th St.S.
Geotechnical Estimate of Costs, Project Summary Wichita,KS 67210
tel
GSIServices, Inc. (316))554- 44 554-0725
54 0 445fax
Superior service...practical solutions www.gsinetwork.com
October 27, 2011
Mr. Kent Johnson
City of Salina
PO Box 736
Salina, KS 67402-0736
SUBJECT: Proposal for Geotechnical Engineering Services
Ninth Steet Median Art Work
Salina, Kansas
GSI Proposal P117489
Dear Mr. Johnson:
Geotechnical Services, Inc. (GSI) is pleased to present this proposal to provide the geotechnical
engineering services for the above-referenced project. This proposal is based upon a preliminary
understanding of your requirements as stated in your e-mailed request for proposal and
subsequent project drawings dated October 13 and 26,;2011.
GSI is committed to providing a high level of service to its clients. If a change in the proposed
scope of work is requested, we are prepared to consider"appropriate modifications, subject to the
standards of care to:which we adhere as professionals.. Modifications such as changes in scope,
methodology; scheduling, and contract terms and conditions beyond that which is described in this
proposal may result in additional risks assumed by you and may require adjustments to our fee.
PROJECT DESCRIPTION
The proposed project will be located in the median of South Ninth Street near the intersection of
Riffle Drive in Salina, Kansas. We understand the development will ,consist of three new
sculptures that will be.constructed in the median. We understand.the artwork foundations will. be
embedded 5 feet below grade, will be approximately 7.5 feet in,width and are designed predicated
on an allowable.soil bearing pressure of 2,500 psf.
SCOPE OF SERVICES
GSI will request a utility clearance through Kans.'as .One-Call. The client will be responsible for
locating and marking nonmember utilities or private utilities not located by Kansas One-Call. GSI is
not responsible for loss or damage resulting from unmarked utilities.
We propose to explore the subsurface conditions at this site by drilling two borings to a depth of
approximately, 15 feet below grade within the sculpture area. The borings will be drilled to the
aforementioned depths or auger refusal, whichever occurs first.
Logs of the subsurface conditions encountered in the borings will be recorded by our field
personnel at the time of subsurface exploration. Samples will be obtained at selected depth
7
Geotechnical Engineering . Environmental . Construction Materials Testing . Drilling
Geotechluont Ninth Steet Median Art Work
SeYavices,Inc.
Superior service...practicalsolutions. Salina, Kansas
GSI Proposal No. P117489
October 27, 2011
intervals and will be returned to our laboratory for testing and analysis.
We anticipate that the laboratory testing-program may include the following tests:
o Moisture Content(ASTM D2216)..............................._.....................................7
o Unconfined Compression (ASTM D2166)..........................:..,..:...................:......2
o Atterberg Limits (ASTM D4318) ........................................,::............................2
o No. 200 Sieve Wash (ASTM D1140)................................................................2
The actual type and number of tests will depend on the soil conditions we encounter.
Based on the findings of the field and laboratory programs and. engineering analyses, we will
provide opinions and recommendations regarding the followings
o. Subsurface soil conditions, including depth and consistency of soil strata;
o Groundwater levels as observed during field work, excluding quantitative determinations
of flow or dewatering rates;
o Site grading recommendations, .including a discussion of anticipated excavation
requirements;
o Suitable foundation type and depth, allowable bearing pressures, and estimated
settlements, and alternatives if the allowable soil bearing capacity is less than 2,500'psf;
o Treatment and/or removal of unsuitable bearing soils, if encountered;
o Empirical lateral;earth pressure coefficients;
o Excavation and trenching considerations; and
a Suitability of on-site material for structural fill.
We will present our opinions and. recommendations in a written report which will include a map of
the boring locations, logs of the explorations and laboratory test results. We will submit one
unbound and two bound copies of the final.report,
SCHEDULE
We can begin the geotechnical exploration within approximately 5 to 7 working day_s afteryour
authorization to proceed (weather permitting). We anticipate completion of the final report within
two weeks from the completion of our field work. We will provide verbal updates as information is
developed.in order to expedite the project schedule.
FEES AND CONDITIONS
Our services will be performed in accordance with the attached General Conditions. The fee for
the geotechnical engineering services described herein is a lump sum of$2,140.00, plus bentonite
borehole plugging, if required. The referenced price assumes that the site is accessible to a
standard truck mounted drilling rig and that traffic control personnel (flaggers)are not required.
State law in Kansas requires that a licensed well driller properly plug all geotechnical a"xpiorations
that encounter groundwater or extend past a depth of 25 feet. Plugging must consist of bentonite,
cement grout, concrete grout, or neat cement. An.additional fee of $4.00 per linear foot will be
required for each exploration that encounters groundwater or extends past a depth of 25 feet to
cover the costs associated with proper plugging activities. Because our proposed borings will be
dcotechnical Ninth Steet Median Art Work
%,ffsi Services,Inc.
Superior service...practical solutions Salina, Kansas
GSI Proposal.No. P1.17489
October 27, 2011
less than 25 feet deep, this fee will only be assessed if we encounter groundwater.
If any significant changes are made in the location or proposed construction as described above,
or if the encountered soil conditions are significantly different from those anticipated, additional
study and Tanalyses or more or deeper field exploration may be required. Any work required
beyond the scope of that proposed. above will be undertaken only after receiving your prior
authorization and after an adjustment l as been made to our fee to cover the additionalI work.
.
Please note that our fees are due within '30 days of the presentation of our invoice. If payment.
within 30 days is not possible, we should be 'contacted prior to commencing work to develop an
acceptable payment schedule.
LIMITATIONS
The proposed exploration.described herein specifically excludes the assessment of environmental
characteristics, particularly those involving hazardous and/or toxic' substances. A separate or
concurrent environmental assessment may be appropriate prior to construction. We would be
pleased to prepare a proposal for these services if requested. In the event that obviously
suspicious subsurface materials are encountered visually or by odor in the field explorations, we
will immediately terminate the explorations and notify you regarding the situation.
During the course of the performance of GSI's services, hazardous,materials may be discovered.
GSI will assume no responsibility or liability whatsoever for any claim, loss of property value,
damage, or injury which results from pre-existing hazardous materials being .encountered or
present on the project site or from the discovery of such hazardous materials. You will be asked to
sign an agreement indemnifying GSI from liability or loss arising out of the services covered by this,
proposal, including liability or loss in connection with pre-existing hazardous materials.
CLOSURE
GSI appreciates the opportunity.to submit this proposal, and we look forward to working with you
on this project. If you:are in agreement with the terms of this proposal, please sign and return the
enclosed service agreement., A fully executed copy will. be returned to you. If you have any
questions or need additional information, please contact GSI'9 Wichita office
Respectfully submitted,
Geotechnical Services, Inc.
David A. Edwards-P.E. Thomas C. Kettler, Jr., P.E.
Principal Engineer Project Engineer
DAE/TCK/de
.Attachments; Geotechnical Service;Agreement_and General Conditions(2).
ASFE (1)
gAproposahl171p1174891city of salina south ninth median.doex
EXHIBIT B — SALINA CODE SECTIONS 13-132 AND 13-133
Sec. 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-regard 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 termination, rates of pay or other forms of
compensation and selection for training, including apprenticeship. 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 necessary
documents 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
the contractor or subcontractors to comply with the requirements of this article
shall be grounds for cancellation, termination, or suspension of the contract, in
whole or in part, by the board of commissioners with the contractor or
subcontractors until satisfactory 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. Affirmative action 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 determine 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)
10
EXHIBIT C — SERVICES PROVIDED BY THE CITY
1. Necessary traffic control shall be provided by the City of Salina. Consultant shall call
the City's General Services Division at 309-5750 to arrange for traffic control.
11