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Design services for Iron Ave, Front Street to Delaware AGREEMENT BETWEEN THE CITY OF SALINA,KANSAS and KAW VALLEY ENGINEERING,INC. for • ENGINEERING SERVICES This Agreement is entered into on tecembtr i to �'JO by and between the City of Salina, Kansas, (the "City")and Kaw Valley Engineering, Inc.,a Kansas Corporation (the"Consultant"). Recitals A. The City desires to contract for design services for the purpose of replacing Iron Avenue from Front Street to Delaware Street in the City of Salina in compliance with federal,state,and local regulations. B. The Consultant has the requisite qualifications and experience to perform the services needed by the City and desires to perform those services pursuant to the terms of this Agreement. The parties,in consideration of the mutual promises set forth in this Agreement.agree and covenant: 1. Definitions. Capitalized words used in this Agreement shall have the following meanings: "Agreement"means this Agreement for design services,as amended and supplemented from time to time. "City"means the City of Salina. Kansas. "Consultant"means Kaw Valley Engineering, Inc. and its successors. 2. Exhibits. The following Exhibits are attached to and made a part of this Agreement(Mark with"X"if applicable): Exhibit A: Responsibilities of the Parties N Exhibit B:Term;Schedule Exhibit C: Basis of Payment Exhibit D: Insurance Requirements 3. Responsibilities of the Parties. The parties agree to perform the responsibilities outlined in the attached and incorporated Exhibit A. 4. Term; Schedule. The Consultant agrees to perform its responsibilities during the term and according to the timeframe and schedule described in Exhibit B, subject to the potential for prior termination pursuant to the terms of this Agreement. 5. Payment. The City shall pay the Consultant for the performance of its responsibilities pursuant to this Agreement as set forth in Exhibit C. 6. Insurance Requirements. 6.1. Types and Amount of Coverage.The Consultant agrees to obtain insurance coverage as specified in Exhibit ID, attached hereto, and shall not make any material modification or change from these specifications without the prior approval of the City. If the Consultant subcontracts any of its obligations under this Agreement.the Consultant shall require each such subcontractor to obtain insurance coverage as specified in Exhibit D. Failure of the Consultant or its subcontractors to comply with these requirements shall not be construed as a waiver of these requirements or provisions and shall not relieve the Consultant of liability. 6.2. Rating. All insurance policies shall be issued by insurance companies rated no less than A-VII in the most recent "Bests" insurance guide, and admitted in the State of Kansas. Except as otherwise specified in Exhibit D, all such policies shall be in such form and contain such provisions as are generally considered standard for the type of insurance involved. 6.3. Certificate of Insurance. The parties acknowledge that the Consultant has provided the City with a certificate of insurance listing the City as the Certificate Holder and evidencing•compliance with the insurance requirements• in this Agreement. The City reserves the right to require complete certified copies of all insurance policies procured by the Consultant pursuant to this Agreement, including any and all endorsements affecting the coverage required hereunder. 7. Injury to Persons or Damage to Property. The 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. 8. Indemnification. To the fullest extent permitted by law, the Consultant shall defend, indemnify and hold harmless the City, its agents, representatives, officers, officials and employees from and against all claims, damages, losses and expenses (including but not limited to attorney fees and court costs) attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property, including loss of use resulting therefrom, to the extent that such claims, damages, losses, and expenses relate to, arise out of, or are alleged to have resulted from the wrongful acts,errors, mistakes, omissions, or defective work or services of the Consultant, its employees, agents, or any tier of subcontractors in the performance of this Agreement. 9. Voluntary Termination. Either party may terminate this Agreement, with or without cause, upon 10 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 satisfactorily performed through the date of termination,but no compensation shall be earned after the effective date of the termination. Within five (5) days of any such termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or other material prepared by the Consultant pursuant to this Agreement shall be delivered to the City. Notwithstanding the above, the Consultant shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Consultant,and the City may withhold any payments to the Consultant for the purposes of set-off until such time as the exact amount of damages due the City from the Consultant may be determined. 10. Default. 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("Event of Default"). 11. Remedies. Upon the occurrence of an Event of Default,the non-defaulting party shall have the following rights and remedies,in addition to any other rights and remedies provided under this Agreement or by law: 11.1 Termination. The non-defaulting party shall have the right to terminate this Agreement or terminate the defaulting party's rights under this Agreement. 11.2 Other Remedies. The non-defaulting party may pursue any available remedy at law or in equity(including specific performance)by suit,action, mandamus or other proceeding to enforce and compel the performance of the duties and obligations set forth in this Agreement, to enforce or preserve any other rights or interests of the non-defaulting party under this Agreement or otherwise existing at law or in equity and to recover any damages incurred by the non-defaulting party resulting from such Event of Default. 12. Non-Assignable. Due to the unique qualifications and capabilities of the Consultant, neither the rights nor responsibilities provided for under this Agreement shall be assignable by either party,either in whole or in part. 13. Notices. All notices required or permitted to be given pursuant to this Agreement shall be in writing and delivered personally or sent by registered or certified mail, return receipt requested, or by generally recognized, prepaid, commercial courier or overnight air courier service. Notice shall be considered given when received on the date appearing on the return receipt,but if the receipt is not returned within five (5)days, then three (3) days after mailed, if sent by registered or certified 2 mail or commercial courier service; or the next business day, if sent by overnight air courier service. 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: City Clerk Attn: Dan Stack.P.E.,City Engineer P.O. Box 736 Salina, KS 67402-0736 CONSULTANT: Kaw Valley Engineering.Inc. Ann: Keith Beatty, Director of Design Services 1331 Armory Road.Salina, KS 67401 14. Retention and Inspection or Records.The Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. The Consultant shall allow a representative of the City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to, or arising under, this Agreement. The Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 15. Non-appropriation. The City is subject to Kansas budget and cash basis laws, and operates on a calendar fiscal year. In the event that this Agreement involves financial obligations spanning multiple fiscal years for the City. it is subject to annual appropriation by the City's governing body for future fiscal years. If the City's governing body does not appropriate the funds necessary to fulfill the City's financial obligations pursuant to this Agreement, the City shall so notify the other parties to this Agreement and this Agreement shall be null and void for purposes of the fiscal year(s)affected by the decision of the governing body not to appropriate. 16. 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. 17. Subcontracting. Consultant shall not subcontract any work or services under this Agreement without the City's prior written consent. 18. Compliance with Applicable Law. Consultant shall comply with all applicable federal,state,and local law in the performance of this Agreement. 19. Equal Opportunity. (a) In conformity with the Kansas act against discrimination and Chapter 13 of the Salina Code, the Consultant and its subcontractors,if any,agree that: (I) The Consultant shall observe the provisions of the Kansas act against discrimination and Chapter 13 of the Salina Code and in doing so shall not discriminate against any person in the performance of work under this Agreement because of race,sex,religion, age.color, national origin,ancestry or disability: (2) The Consultant shall 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; (3) If the Consultant fails to comply with the manner in which the Consultant reports to the Kansas human rights commission in accordance with the provisions of K.S.A.44-1031 and amendments thereto,the Consultant shall be 3 deemed to have breached this Agreement and it may be canceled,terminated or suspended, in whole or in part,by the City; (4) If the Consultant is found guilty of a violation of Chapter 13 of the Salina Code or the Kansas act against discrimination under a decision or order of the Salina human relations commission or the Kansas human rights commission which has become final,the Consultant shall be deemed to have breached this Agreement and it may be canceled,terminated or suspended, in whole or in part,by the City; (5) The Consultant shall not discriminate against any employee or applicant for employment in the performance of this Agreement because of race,sex,religion,age,color,national origin,ancestry or disability;and (6) The Consultant shall include similar provisions in any subcontract under this Agreement. (b) The provisions of this section shall not apply to this Agreement if the Consultant: (1) Employs fewer than four employees during the term of this Agreement;or (2) Contracts with the City for cumulatively$5,000 or less during the City's calendar fiscal year. 20. Administration of Agreement. All references in this Agreement requiring the City's participation or approval shall mean the participation or approval of the City Manager,unless otherwise provided herein. 21. Attorney Fees. If any suit or action is instituted by either party hereunder, including all appeals,the prevailing party in such suit or action shall be entitled to recover reasonable attorney fees and expenses from the non-prevailing party, in addition to any other amounts to which it may be entitled. 22. Right to Independent Legal Advice. The Consultant understands and acknowledges the right to have this Agreement reviewed by legal counsel of the Consultant's choice. 23. Applicable Law;Venue. This Agreement and its validity,construction and performance shall be governed by the laws of Kansas. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be in the Saline County, Kansas District Court. 24. Interpretation. This Agreement shall be interpreted according to its fair meaning, and not in favor of or against any parry. 25. 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 termination time shall extend to 5:00ip.m. of the next full business day. 26. Severability. The unenforceability, invalidity,or illegality of any provision of this Agreement shall not render the other provisions unenforceable,invalid,or illegal. 27. Authority and Consent to Transaction. Each party represents to the other that the person executing this Agreement has full and legal authority to bind such party to the terms of this Agreement, and that the execution and delivery of this Agreement have been duly and validly authorized by the governing body of each party. 28. Persons Bound. This Agreement shall extend to and bind the heirs,executors,administrators,trustees, successors and authorized assigns of the parties hereto. 29. Counterparts. This Agreement 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. 30. Amendments.Neither this Agreement nor any of its terms may be changed or modified, waived, or terminated except by an instrument in writing signed by an authorized representative of the party against whom the enforcement of the change, waiver,or termination is sought. 4 31. Waiver. No failure or delay by a party hereto to insist on the strict performance of any term of this Agreement.or to exercise any right or remedy consequent to a breach thereof, shall constitute a waiver of any breach or any subsequent breach of such term. No waiver of any breach hereunder shall affect or alter the remaining terms of this Agreement, but each and every term of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. 32. Conflict Resolution. No interpretation of this Agreement shall be allowed to find the City has agreed to binding arbitration. 33. No Third Party Beneficiaries. Solely the parties to this Agreement shall have rights and may make claims under this Agreement. There are no intended third party beneficiaries under this Agreement, and no third parties shall have any rights or make any claims hereunder. 34. Typewritten or Handwritten Provisions.Typewritten or handwritten provisions inserted or attached shall supersede all conflicting printed provisions. 35. Feminine-Masculine,Singular-Plural. Wherever used,singular shall include the plural,plural the singular,and use of any gender shall include all genders. 36. Headings. The headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the interpretation of any provision hereof. 37. Merger 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized representatives. CITY OF • LIMA,KANSAS By: l / •ara V.Shirley, ayor a1 Attest: a / Lieu : Elsey.CMC,City _ erk Alf Form: 1 t4` RAW VAL. • ENGINEERING, INC. By: a/ /i Aft •ithr.Beatty, ' Director of Des..n Services 5 EXHIBIT A RESPONSIBILITIES OF THE PARTIES This scope of services is intended to be an accurate description of the items and tasks required for completion of the design of this project. However, each project is unique and may require more or less effort in an individual task to complete the design. The following information will explain and define in general terms the major design items of importance relating to this project. All the elements of work that are necessary to satisfactorily complete the design of this project may or may not be listed. The lack of a specific listing of an element or item in the scope of services does not in itself constitute the basis for additional services, supplemental agreements, and/or adjustment in compensation. Preparation of a supplemental agreement is necessary prior to performance of any work, which is considered as additional services, not included in the original scope of services. The consultant will not be compensated for additional services performed prior to execution of a supplemental agreement. Only additional services, which are required due to changed or unforeseen conditions or are due to a change in the specified end product, will be considered for inclusion in a supplemental agreement. The CONSULTANT will provide the professional, technical, and other personnel resources, equipment, materials and all other things necessary to prepare the design criteria memorandum, preliminary plans, and construction plans required for development of this specific project. The CONSULTANT shall prepare all plans through use of a Computer Aided Drafting (CAD) program. Unless otherwise specified all plan sheets and CAD plots shall be provided to the CITY as 22-inch by 34-inch sheets on 20 lb. engineering bond paper. The CONSULTANT will be required to produce and update the construction cost estimate for this project at the completion of each major milestone. The major milestones for this project are defined as the design criteria memorandum, preliminary design, and final design. MISCELLANEOUS The following appears in the City of Salina's 2013 Annual Budget: "Iron Avenue Reconstruction. This project will provide for improvements and major maintenance to Iron Avenue from Front Street to Ohio Street. Pavement cores indicate thin asphalt over brick in the outside lanes with thick asphalt over concrete in the center lane. Project will include removal and replacement of pavement on the outside lanes, milling and inlaying on the center lane, and minimal curb and gutter replacement." City staff extended the east project limits from Ohio Street to where the pavement ends at Delaware Street, not including the Ohio Street intersection, if money allows. Iron Avenue within the project limits is three lanes wide with widening for auxiliary lanes at the Ohio Street intersection. Pavement is asphalt over brick and/or concrete and has 6 significant alligator cracking. The existing curb and gutter along Iron is a combination of old original curb, irregular shaped replacement curb, and patches of reconstructed curb and gutter in good condition and meeting current design standards. Some of the gutter has been overlaid with asphalt, and some of the entrances have been replaced to match the overlaid gutter sections. Replacement of curb and gutter was not in the original project scope but may be necessary as design progresses. Iron Avenue within the project limits currently has continuous lighting. CITY is not interested in replacing wood poles with metal poles and/or installing underground wiring. Signals exist within the project limits at the Oakdale Avenue and Ohio Street intersections and south of Oakdale Elementary. All signals have camera detectors. No modifications to the signals are included in the project. CONCEPTUAL STUDY REPORT PHASE 1. Prepare conceptual study report for full project scope — Iron Avenue from Front Street to Delaware Street not including Ohio Street intersection. 2. Review CITY's 2010 Comprehensive Plan. Discuss ability to implement Impact Streets on project. Recommend course of action. 3. Discuss existing pavement and recommend pavement designs for project. Use only existing knowledge of pavement and subgrade, i.e., obtain no further pavement and/or subgrade information. Consider CITY's standard typical sections and recent similar project pavement designs in discussion. Include alternate asphaltic and Portland cement concrete designs. Recommend course of action. 4. Discuss existing curb and gutter and entrance pavement and ability to use in place and/or need to replace. Recommend course of action. 5. Using existing storm sewer information supplied by the CITY, determine capacity and condition of existing storm sewer system, requirements of the storm sewer system according to the CITY's current design criteria, and recommend course of action for this project and posterity. 6. Review current street lighting and determine sufficiency in "light" of current IESNA standards. Recommend leaving lights as they are or relocating/adding additional lights. 7. Discuss utilities located within the project limits. 8. Discuss traffic control alternatives. Include recent traffic counts. Discuss impacts and access to residences and businesses. Recommend course of action. 9. Prepare itemized estimates for alternatives. 10. Present or assist City Engineer in presenting (and be present for) conceptual study 7 findings to the City Commission. Obtain approval of City Commission for project scope including typical section (Impact Street or not) and traffic control for preliminary design phase. PRELIMINARY DESIGN PHASE 1. Based on recommendation to proceed received from CITY, prepare one set of drawings for agreed upon project scope. 2. Using surveying data supplied by the CITY, develop a preliminary design with the plan portion showing existing topography and contours and the profile showing grades. The base drawings for the preliminary plans shall be used later as base drawings for final design plans. 3. Prepare preliminary plans showing proposed design features. Typical sections shall include pavement designs for new roadways and descriptions of existing roadways remaining in place. The plan view English scale shall be 1". 20' horizontal (or different scale as determined by CITY Project Manager for clarity) and extend at least 100 feet beyond the project limits. The profile view English scale shall be 1"=20' horizontal, and 1"=2' vertical. 4. Prepare preliminary traffic control plans for CITY staff review. 5. Update the construction estimate. 6. Submit the preliminary plans to the CITY for review and approval. 7. Arrange a preliminary field check with the CITY to discuss design features in the project area. 8. Prepare and provide exhibits showing improvements and traffic control for use at a public meeting. Project manager shall attend public meeting. Remainder of arrangements for public meeting shall be completed by CITY. 9. Prepare memorandum for City Commission detailing events of public hearing, public comments, and actions being taken in response to public comments. 10. Incorporate any changes from public meeting into final plans. 11. Submit plans to utilities. Incorporate changes from utility reviews into the project plans. FINAL DESIGN PHASE 1. Furnish design plans, which show right of way, drainage facilities, signing, cross sections and roadway design features. 2. Submit plans to utilities. Incorporate changes from utility reviews into the project plans. 3. Prepare a detailed traffic control plan with an outline for construction staging conforming to the requirements of the MUTCD, and as may be supplemented by samples provided by the CITY. 8 5. Participate in a final design field check with CITY representatives prior to completing final design plan quantities. Make any necessary revisions to the final plans as determined by the design field check. 6. Prepare detailed temporary erosion control plans for review and approval for inclusion in the final design plans. 7. Prepare computations for all design plan quantities. All plan quantities shall be shown on the quantity sheets to be included in the final plans. 8. Communicate to the CITY all necessary job special provisions to be included in the project specifications. CITY shall prepare project specification book. 9. The following shall be considered the minimum requirements for a completed set of Final Design Plans. • Title sheet • Typical sections • Quantities sheets • Plan sheets at 1"=20' horizontal (or different scale as determined by CITY Project Manager for clarity) • Profile sheets at 1"=20' horizontal and 1"=2' vertical • Special sheets for geometrics, reference points, grading plan, traffic control plan, temporary erosion control plan and any other sheets for special design features • Signing sheets showing pre-construction and post-construction signing and quantities • Earthwork quantities, cross sections at 50' intervals, 1"=10'horizontal and vertical, including entrance sections with existing and proposed grades • An estimate including bid items and quantities • Construction workday study Additional plans and information may be required to complete the final design plans. With the submittal of the final design the CONSULTANT shall also provide the CITY a statement that an internal quality control check has been conducted and to the best of the CONSULTANT'S knowledge the final design plans are free of gross errors, misleading or confusing typos, and includes adequate information to construct the project. BIDDING AND CONSTRUCTION PHASE After the final design phase of the project is completed the CONSULTANT shall be available to the CITY to discuss and interpret the plans and specifications during the bidding and construction phase of the project as determined necessary by the ENGINEER. During this phase of the project the CONSULTANT shall attend the pre-construction, biweekly construction, and post construction meetings. DRAWING AND DOCUMENT DELIVERABLES The Consultant shall furnish the Commission the following completed sheets and documents, as follows: 9 1. Conceptual study report 2. Conceptual study estimate(s) 3. Powerpoint presentation for conceptual study presentation to City Commission 4. Preliminary plans 5. Preliminary plan estimate 6. Exhibits for public meeting 7. Public meeting memorandum 8. Preliminary plan utility submittal 9. Final plans utility submittal. 10. Final plans I I. Final plan estimate 12. Construction workday study STANDARDS The CONSULTANT shall use the latest version of the following publications to determine the design criteria and procedures which will be followed for development of the project: "Federal Emergency Management Administration Rood Insurance Guidelines and Specifications," AASHTO's "Manual on Uniform Traffic Control Devices" (MUTCD), AASHTO's "A Policy on Geometric Design of Highways and Streets", and any other publications which the ENGINEER directs the CONSULTANT to use. SERVICES PROVIDED BY THE CITY The CITY will provide available information of record to the CONSULTANT. In addition, the following specific items will be furnished or performed by the CITY: I. All field survey work and all available field survey information, including benchmarks and alignment reference ties. 2. All available pertinent previous construction plans. 3. All standard sheets and forms required. 4. Arrange public meeting. 5. Prepare specifications book for project. • 6. Arrange for project bidding. 10 EXHIBIT B TERM, SCHEDULE The phases of work will be completed in accordance with the following schedule: 1. CONCEPTUAL STUDY REPORT submitted to the CITY for review by January 31, 2014. Percent of contract billings shall not exceed 39% until the conceptual study report has been approved by the CITY. 2. PRELIMINARY DESIGN submitted to the CITY for review by March 21, 2014. Percent of contract billings shall not exceed 75% until the preliminary plans have been approved by the CITY. 2. FINAL DESIGN submitted to the CITY for review by May16, 2014 in anticipation of a June 26, 2014 bid letting. The CITY will grant time extensions for unavoidable delays beyond the control of the CONSULTANT. Requests for extensions of time shall be in writing by the CONSULTANT, before plans are due, stating fully the reasons for the request. 11 EXHIBIT C BASIS OF PAYMENT 1. Compensation: Compensation for services are attached for each phase of the project. 2. Invoices: Invoices shall be submitted by the Engineer monthly,are due upon presentation and shall be considered past due if not paid within thirty(30)calendar days of the invoice date. 3. Payment: If payment in full is not received by the Engineer within thirty(30)calendar days of the invoice date, invoices shall bear interest at one-and-one-half(1.5)percent of the PAST DUE amount per month, which shall be calculated from the invoice date. Payment thereafter shall first be applied to accrued interest and then to the unpaid principal. 4. Disputed Invoices. In the event of a disputed or contested invoice,only that portion so contested may be withheld from payment, and the undisputed portion will be paid. 5. Payment Upon Termination. In the event of any termination of this Agreement, Engineer will be entitled to invoice the Client and will be paid for all services performed or furnished and all reimbursable expenses incurred through the effective date of termination. 12 Iron Avenue Reconstruction Personnel Hours and Fee Breakdown December 11,2013 Project Drafting Manager/Senor Design Technklan/ TASK Senior PM Design Engineer Engineer Marketing Secretarial Hours Hours Hours Hours Hours Conceptual Design Phase Report Attend Kkkof Meeting 0 Review Survey 8 Locate Utilities Field Review 0 Prepare Base Map B Review Storm Sewer information 1 2 Prepare Conceptual Layouts 4 Pavement Recommendations 0.5 2 Curb and Gutter and Entrance Mapping 5 Traffic Control Concepts 2 20 Street fighting Design Concepts 15 Cost Estimates 10 Conceptual Design Report and Reco4n. 50 2 10 1 Conceptual Layout Meeting/Public 10 15 SUBTOTAL-PRElIMINARY PHASE 143 125 99 143 4 $38.3VM0 Prelminary Design Phase Coordinate with Utility Companies e Preliminary Plans(Field Check) 5 a0 5 Traffic Control Plans 8 2 Prepare Pavement Marking Plan 8 Prepare Signing Plan 2 Development of Speduications 16 Prepare Cost Estimate 8 1 Quality Assurance&Control Review 2 Submit Field Check Plans 2 Field Check Plan Review and Changes 6 Attend Field Check Meeting 4 Public Meeting,Preparation,Attendance and Memo 5 16 2 Revise Flans per Public Continent 2 0 5 5 0 Attend City Commission Meeting 0 4 4 0 0 SUBTOTAL-FIELD CHECK PHASE 9 12 129 145 24 536,11700 Final DWgn Phase Completion of Final Design Plans 40 40 Coordinate Utility Issues Traffic Control Plans per MUTCD and Staging 1 2 Final Design Field Check Erosion Control Plans Incorporate Office Check Comments Completion of Final Design Quantities 2 COMpietion of Specifications 1 Quality Assurance&Control Review Prepare Final Cost Estimate Submit Final Check Plans and Constriction Doom Submit Final Plans SUBTOTAL-OFFICE CHECK&FINAL PLANS PHASE 4 9 121 12 525,033.00 TOTAL MANHOUR ESTIMATE 263 251 323 409 50 PERSONNEL COSTS $ 3,45.00 5 30,120.00 5 33,592.00 530,625.00 $ 1,710.00 TOTAL FEE ESTIMATE $ 99532.00 EXHIBIT D INSURANCE REQUIREMENTS Pursuant to Section 6 of the Agreement, the Consultant shall obtain, pay for, and maintain— and shall require each of its authorized subcontractors to obtain and maintain—for the duration of the Agreement, policies of insurance meeting the following requirements: I. General Requirements. A. Additional Insured. With the exception of the workers' compensation and professional liability policies to be obtained by the Consultant hereunder, all policies shall name as an additional insured the City, its agents, representatives, officers, officials, and employees as additional insured(s). Insurance for the additional insured shall be as broad as the insurance for the named insured, including defense expense coverage, and shall apply as primary and non- contributory insurance before any other insurance or self-insurance, including any deductible, maintained by, or provided to, the additional insured(s). B. Waiver of Subrogation. Where allowed by law, all policies will include a waiver of subrogation in favor of the City, its agents, representatives, officers, officials, and employees. C. Claims Made Policies. In the event coverage is provided on a claims-made basis, the insurance shall be maintained for a period of not less than two (2) years after completion of the contract or in lieu thereof purchase of tail coverage (extended reporting period) under which the City shall be afforded protection. D. Premium and Deductible Expenses. The Consultant shall be responsible for all premiums and retention or deductible expense for any and all policies required by this Contract. 2. Specific Coverage Requirements. A. Professional Liability — Errors and Omissions. The Consultant shall maintain professional liability insurance covering against claims for damage arising from the work performed by the Consultant as specified in this contract. The policy limits shall not be less than the following: • Each occurrence $1,000,000 • General aggregate $1,000,000 B. Commercial General Liability ("CGL"). The Consultant shall maintain CGL coverage written on ISO Occurrence form CG00 01 or an industry equivalent and shall cover liability arising from Personal Injury, Bodily Injury, Property Damage, Premises and Operations, Contractual Liability, Independent Consultants and Advertising Injury. The policy limits shall not be less than the following: • Each occurrence $1,000,000 • General aggregate $2,000,000 • Personal and Advertising Liability $1,000,000 14 C. Business Automobile Liability (`BAL"). The Consultant shall maintain BAL coverage written on ISO form CA 00 01 or an industry equivalent. Coverage shall be applicable to all autos and other vehicles subject to compulsory auto liability laws that are owned, hired, rented or used by the Consultant and include automobiles not owned by but used on behalf of the Consultant. The BAL policy limits shall not be less than the following: • Combined single limit $1,000,000 D. Workers' Compensation/Employer's Liability. The Consultant shall maintain workers' compensation and employer's liability coverage with policy limits not less than the following: • Workers' Compensation (Coverage Part A) o Statutory • Employer's Liability (Coverage Part B) o $100,000 each accident o $500,000 disease—policy limit o $100,000 disease—each employee 15 'DATE IKYJODrrrrn. /1 e A✓O- CERTIFICATE OF LIABILITY INSURANCE AND CONFERS NO RIGHTS UPON:THE CERTIFICATE THIS CERTIFICATE SU MATTER-OF ONLY HOLDER. . CERTIFICATE DOES NOT AFFIRMATVE YOR NEGATIVELY AMENDIX EXTEND OR ALT R THE COVERAGE AFFORDED BY THE POLICIES BELOW: THIS;CERTIFICATE OF,INSURANCE DOES.NOT CONSTITUTE A.CONTRACT BETWEEN THE ISSUING INSURER(5). AUTHORIZED REPRESENTATIVE OR'PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT If the certificate holder Is-an ADDITIONAL INSURED,-the policy(les)'must beondorsed.,af SUBROGATION IS WAIVED,.SUb)ect to the terms and conditions of the•policy,certain-policies may require an endorsement ..A statement on'this certificate doss not confer rights to the cortifeate holden in lieu of such endorsement s . PRODUCER Coryell Insurorsi -Inc. 6:44ARZ re 111C/ 1 120 West 7th Street Nluc• •PO Bo* .580 39682 JLlnetien,City KS 66441 - - 6940 _ INSURER e:Indi an Harbor ins: Co. WSURED Kaw Valley Engineering Inc. P. 0. -Box -1304 II— itillinillia.11 Junction Cit KS 66441 REVISION NUMBER: COVERAGES CERTIFICATE NUMBER:CL1353101400 - THIS IS'TO.CERTIFY THAT THE POLICIES OF INSURANCE•LISTED BELOW HAVE BEEN,.ISSUED TO THE INSURED NAMED ABOVE FOR THE,POLICY"PERIOD CERTIFICATE.MAY:NOTWITHSTANDING B IE SED'OR MAY'PERTTA N. THE NSURANCEE AFFORDED,BY HE POLICIES DESCRIBED OHEUREIN IS BJREEECT.TO ALL THICTE_RMS.. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAW BEEN REDUCED BY-PPoU� MS urns r r.. I:' •• • • MMI•• •• a ' 3 1,000,000 W- TYPE OF WSUMNCE •I+• - EACH OCCURRENCE - - t31:CO/LUAenm r{ ;1 I S .300,000 fl C0M.IFRCIM-GENERAL LIABILITY• `/1/2013' /1/2016 tab E1•P crew ma aresli I5 10,000 iuuti A.Q2513 1,000,000 A S CLACAS:.IADE El OCCUR PERSONAL a ADVL•UURY. 3 GENERALAGGREGATE• 3 2,000+000 ■ GENERA AGGREGATE.GG S 2',000,000 GENL AGGREGGA�ATTTE MUT APPLIES PEA:- S . POLICY I X.I a o La. - I Wawa, w.,LE u.0 - 1 000 000 AUTOu091LELABLTY BODILY INJURY(Pa paten) 5 A Ell'runµfie ./1/2013 !1/2010 eoO,U WNRY I?a•cS?K) S - -- A1LON\'ED -� OrREO: E7VE•I:A92601 PROPERTY.DAVAG 3 FUTOS _ NON-OWNED Pa��I•MIRED Airt05. X AUTOS, l)rrsr*LL"cc�ii*2 i1t5 3 1 000 000 ■ EACH OCCURRENCE . S 4.000,000 $ UaeRELLA,ttAe X OCCUR AGGREWTE S 4,000,000 B ■ EXCESS L1)3 ■CtA6158AD• - ./1/2013 /1/2014 _ S. X90041245 © S.STI I OTH El WORKERS CO ENSATIONNY - I (�• yND WIPLCOyPENSATION EI EACH ACCIDENT S 1_ 000 000 OFFICER OYEAS ad-L:E' YIN ._ AM pRppfaETpq,4MTi•-R1ExECUIVE © ARRS57503-00 71/2013 b/7/2014 'El,DISEASEEA EJ.:PLOYE sr 1 000-000 a Mandatory In NH)EX^ALvED'/ Iyu10•IArJ to NH). . _ EL DISEASE-POLICY LIMIT 3• 1000 000 ptYf7a - . OF OPERATION DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEIDCLES I•O•t ACORD tet,AddlUOns1 RSSUM1I 5: •046.U more apace is nn•erew Iron -Avenue .Project The certificate holder is hereby named as Additional Insured-on all aoplicablo policies: Waiver -of Sutirogationras enforceable by Kansas ;State Law. CANCELLATION CERTIFICATE HOLDER jarolyri.geist @saline.org SHOULD ANY OF-THEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE 'THEREOF. NOTICE WILL BE DELIVERED-IN ACCORDANCE V/RH THE POLICY PROVISIONS. C:ty. :of Salina - - Pub' Works Departnent AUTHORIZED REPRESENTATIVE PO Hox AUTHORIZED Salina, KS ,67402-0736 MeZ 01988=2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010!05) INS0251n:ocf4 or The ACORD name and logo are registered marks of ACORD A CERTIFICATE OF LIABILITY INSURANCE DATE OD/YYY ) 01/06/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CA40E164724 1-913-982-3650 CONTACT NAME: IAA, Inc. (NR Kansas Division) PHONE I FAX INC No Olt (NC,No): 51 Corporate Woods AD ADDDRERE SS: 93e3 W. 110th Street, 0u1te 600 Overland Park, KS 66210 INSURER( ) C S AFFORDING COVERAGE NAIC INSURER A: TRAVELERS CAS & SURETY CO OF AMER 31194 INSURED INSURER B: Kam Valley Engineering, Inc. INSURER C: 2319 North Jackson Street INSURER D: Junction City, KS 66441 INSURERS: INSURER F: COVERAGES CERTIFICATE NUMBER: 38019029 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR I TYPE OF INSURANCE I INSR SWYO I POLICY NUMBER I(MMLID/ODIYYYY)I(ad-Dig YY'YY)I LIMITS I GENERAL LIABILITY EACH OCCURRENCE 5 DAMAGE TO RENTED n COMMERCIAL GENERAL LIABILITY PREMISES(Ea ooaerence) $ I I CLAIMS-MADE OCCUR MED EXP(My One parson) S PERSONAL a ADV INJURY S GENERAL AGGREGATE S I GEM.AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG I S EL POLICY I jF o- Loc $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY(Per parson) $ ALL AUTOS OWNED I SCHEDULED BODILY INJURY(Per acddenl) $ AU OS HIRED AUTOS NON-OWNED (Per PROPERTY S S I UMBRELLA(JAB I I OCCUR EACH OCCURRENCE I$ EXCESS LIAR n CLAIMS-MADE AGGREGATE I$ I DED I I RETENTIONS I S WORKERS COMPENSATION I TOWC I 1 0TH ER AND EMPLOYERS'LIABILITY ^IYINI ANY PROPRIETOR/PARTNER/EXECUTIVE I 1 NIA E.L.EACH ACCIDENT 5 OFFICERIk4EMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE 5 If Yes,desnlbe Under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 5 A Professional Liability 105327070 08/08/13 08/08/14 Each Claim 2,000,000 Policy Aggregate 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,II more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Salina THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Public Works Department ACCORDANCE WITH THE POLICY PROVISIONS. 300 N. Ash Street AUTHORED REPRESENTATIVE Salina, KS 67402-0736 ( apl. OSA d 'I, ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD jstewart0921 38019029