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First Supplemental Agreement - Iron Avenue from Front St to Delaware FIRST SUPPLEMENTAL AGREEMENT This First Supplemental Agreement is entered into on August 25, 2014, by and between the City of Salina,Kansas(the"City")and Kaw Valley Engineering,Inc.,a Kansas Corporation(the"Consultant"). Recitals A. The City and the Consultant entered into an Agreement on December 16, 2013 ("Original Agreement"), 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 City and the Consultant now desire to enter into this First Supplemental Agreement to supplement the Original Agreement as provided herein. The parties therefore agree and covenant: 1. Responsibilities of the Parties. The Consultant's responsibilities under this First Supplemental Agreement are additional services which are beyond the scope of services outlined in the Original Agreement.These additional responsibilities are described and defined in the attached and incorporated Exhibit A. 2. Term; Schedule. The Consultant agrees to perform its responsibilities under the Original Agreement, as supplemented by this First Supplemental Agreement,during the term and according to the timeframe and schedule described in the attached and incorporated Exhibit B. The Exhibit B attached to this First Supplemental Agreement shall amend and supplement the Exhibit B attached to the Original Agreement. 3. Payment. The City shall pay the Consultant for the performance of its responsibilities under the Original Agreement, as supplemented by this First Supplemental Agreement, as set forth in the attached and incorporated Exhibit C. The Exhibit C attached hereto shall amend and supplement the Exhibit C attached to the Original Agreement. 4. Original Agreement. Except as otherwise modified, amended, or supplemented by this First Supplemental Agreement,the terms of the Original Agreement are ratified and confirmed. 5. Exhibits. The following Exhibits are attached to and made a part of this First Supplemental Agreement: Exhibit A: Responsibilities of the Parties Exhibit B: Term,Schedule Exhibit C: Basis of Payment IN WITNESS WHEREOF, the parties hereto have caused this First Supplemental Agreement to be executed by their authorize. - :esentatives. CITY OF SALT. • , . • :AS KAW VALLEY ENGINEERING,INC. By: I By: Aaron K.Hou eholter,Mayor e th D. :eatty,P Director of Design Services Attest: �U 21 Sh ty C Form: _:4 1 r • •.Ben• . 11711,,A,omey 1 EXHIBIT A SCOPE OF SERVICES Exhibit A in the Original Agreement is hereby changed as follows: 1. The scope that appeared in Salina's 2013 annual budget included replacing the outside lanes of Iron Avenue from Front Street to Ohio Street and milling and inlaying the center lane, with minimal curb and gutter replacement. The CITY now desires to replace all pavement from Iron Avenue to Delaware Street, not including the Ohio Street intersection. 2. The existing two way left turn lane shall be replaced with a mountable/flush median with stamped/colored concrete only(no landscaping) from Front Street to Ohio Street only(not from Ohio Street to Delaware Avenue). 3. Four foot wide bicycle lanes shall be added to Iron Avenue in each direction between Front Street and Ohio Street. 4. The five foot wide sidewalk on the north side of Iron Avenue shall be replaced with an eight foot wide bicycle/pedestrian path from Front Street to Delaware Avenue; 5. The traffic signal at the Oakdale Avenue intersection and the pedestrian signal east of Penn Avenue shall be replaced with aesthetically enhanced traffic signals like the signals in Salina's Downtown. The CONSULTANT shall work with CITY and USD 305 staff to ensure location of the signal/crosswalk is optimal. 6. The existing Westar owned street lighting shall be replaced with aesthetically enhanced black powder coated LED street lights similar to those currently being constructed downtown. • Fifteen foot tall decorative lights shall be located in-between intersections from just east of the old Smoky Hill River channel to Oakdale Avenue. • Thirty foot tall overhead lights shall be located at intersections and along Iron Avenue east of Oakdale Avenue to Ohio Street. • Existing Westar lights would remain east of Ohio. 7. Right of way landscaping(approximately 30 trees) shall be added to the project. 8. Stamped/colored concrete crosswalks shall be located in appropriate locations on Iron Avenue and intersecting streets within the project limits. 9. Item 9 under"FINAL DESIGN PHASE" in the original agreement is hereby changed to include: • Signal sheets (see item 5 above). • Lighting sheets (see item 6 above). • Landscaping sheets (see item 7 above). 10. Consultant shall participate in four site committee meetings regarding downtown entrance monuments. Consultant shall modify lighting design as needed to accommodate entrance 2 monuments. Lighting design may include exterior lighting of entrance monuments. Interior lighting of entrance monuments is not included in this scope of services. 3 EXHIBIT B TERM,SCHEDULE Exhibit B in the Original Agreement is revised as follows: The phases of work will be completed in accordance with the following schedule: 1. FINAL CONCEPTUAL STUDY REPORT submitted to the CITY for review by Monday September 15, 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 Monday October 20, 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 Monday November 17, 2014 in anticipation of a Tuesday January 13, 2015 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. 4 EXHIBIT C BASIS OF PAYMENT Exhibit C in the Original Agreement is revised as follows: 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. 5 EXHIBIT C BASIS OF PAYMENT Iron Avenue Reconstruction Personnel Hours and Fee Breakdown August 19,2013 Project Drafting Manager/Senior Design Technician/ TASK Senior PM Design Engineer Engineer Marketing Secretarial Hours Hours Hours Hours Hours Conceptual Design Phase Report ' • Attend Kickoff Meeting 4 4 4 0 0 Review Survey 0 - 6 6 8 0 Locate Utilities Field Review 0 0 3 0 0 Prepare Base Map 0 0 1 8 0 Review Storm Sewer information 1 3 16 2 0 Prepare Conceptual Layouts 2 5 8 48 0 Pavement Recommendations 0.5 4 6 2 1 Curb and Gutter and Entrance Mapping 0 8 8 5 0 Traffic Control Concepts 1 24 8 20 0 Street Lighting Design Concepts 1 8 5 15 0 Cost Estimates 1 3 8 10 3 Conceptual Design Report and Recom. 2 60 30 10 10 Conceptual Layout Meeting/Public 2 10 6 15 0.5 SUBTOTAL-PRELIMINARY PHASE 14.5 135 109 143 14.5 $40,639.00 Preliminary Design Phase Coordinate with Utility Companies 0 2 16 4 1 Preliminary Plans(Field Check) 1 15 20 45 4 Traffic Control Plans 0 2 24 28 0 Prepare Pavement Marking Plan V 3 20 4 0 Prepare Signing and Signal Plans 0 10 20 4 0 Development of Specifications 0 10 25 0 8 Development of Lighting Plans 0 20 40 37 8 Prepare Cost Estimate 1 5 20 10 3 Quality Assurance&Control Review 1 15 2 4 0 Submit Field Check Plans 0 2 15 5 2 Field Check Plan Review and Changes 0 '.6 1.2 20 0 Attend Field Check Meeting , 0 8 8 1 0 • Public Meetings,Preparation,Attendance and Memo 4 16 16 10 6 Revise Plans per Public Comment 2 10 10 10 0 Attend City Commission Meeting 0 8 8 0 0 SUBTOTAL-FIELD CHECK PHASE 9 132 256 182 32 $58,372.00 Final Design Phase Completion of Final Design Plans 0 20 25 40 0 Coordinate Utility Issues 0 10 20 8 0 Traffic Control Plans per MUTCD and Staging 0 10 25 20 0 Finalize Lighting Plans 0 15 30 20 0 • Final Design Field Check 0 16 8 4 0 Erosion Control Plans 0 6 6 3 0 Incorporate Office Check Comments 0 4 4 35 0 Completion of Final Design Quantities 0 5 5 40 0 Completion of Specifications 1 16 16 0 8 • Quality Assurance&Control Review 2 15 2 8 0 . Prepare Final Cost Estimate 0 15 20 10 0 Submit Final Check Plans and Construction Docun 0 2 2 4 2 Submit Final Plans 0 8 8 8 2. SUBTOTAL-OFFICE CHECK&FINAL PLANS PHASE 3 142 171 200 12 $50,622.00 TOTAL MANHOUR ESTIMATE 26.5 409 536 525 58.5 PERSONNEL COSTS $ 3,445.00 $ 49,080.00 $ 55,744.00 $39,375.00 $ 1,989.00 TOTAL FEE ESTIMATE $149,633.00