Wilson & Company Engineering Design Services 02-28-2022AGREEMENT BETWEEN THE CITY OF SALINA, KANSAS
and
WILSON & COMPANY, INC., ENGINEERS & ARCHITECTS
for
Engineering Design Services
(EDA Project No. 05-79-06103)
This Agreement is entered into February~, 2022 by and between the City of Salina, Kansas, (the "City") and Wilson
& Company, Inc., Engineers & Architects, a Kansas corporation (the "Consultant").
Recitals
A. The City desires to contract for engineering design services for the purpose of design of the Centennial Road and
Arnold Avenue Drainage and Street Improvements project, 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 engineering design services, as amended and supplemented from time to
time.
"City" means the City of Salina, Kansas.
"Consultant" means Wilson & Company, Inc., Engineers & Architects, 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 ~
Exhibit B: Te~; 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. Standard of Care; Schedule. The Consultant agrees to perform its services consistent with the professional skill,
knowledge, and care ordinarily provided by firms practicing in the same or similar locality under the same or similar
circumstances (herein the "Standard of Care") in order 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 Reguirements.
6.1. Types and Amount of Coverage. The Consultant agrees to obtain insurance coverage as specified in Exhibit
]2, 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 Jess 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 oflnsurance. 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 indemnify and hold harmless the City,
its officers, officials and employees from and against all claims, damages, losses and expenses (including but not limited to
reasonable attorney fees and court costs) attributable to bodily injury, sickness, disease, death, or injury to, impairment, or
destruction of property (other than the work itself), to the extent that such claims, damages, losses, and expenses are caused by
the wrongful acts, negligent acts, errors or omissions, or willful misconduct, of the Consultant, its employees, agents, or any
tier of its subcontractors in the performance of this Agreement.
9. Voluntary Termination. Either party may terminate this Agreement, with or without cause, upon thirty (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 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 material term of this Agreement within ten (I 0) 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 Jaw 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
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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 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:
CONSULTANT:
City Clerk
Attn: JoVonna A. Rutherford
P.O. Box 736
Salina, KS 67402-0736
Wilson & Company, Inc.
1 700 East Iron Ave.
Salina, KS 67401
14. Retention and Inspection of Records. The Consultant shall maintain complete, accurate, and clearly identifiable
records with respect to all costs and expenses incurred under this Agreement. The records shall be maintained during the term
of this Agreement, and for a period of three (3) years from the date of final payment under this Agreement (the "Retention
Period"); provided, however, that if any litigation, claim or audit is commenced prior to the expiration of the Retention Period,
then the Retention Period shall be extended until all litigation, claims or audit findings have been completely terminated or
resolved, without right of further appeal. During the Retention Period, 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 City agrees to responsibly utilize all information obtained pursuant to this
paragraph for the purposes of reviewing, confirming, and verifying the nature and amount of all costs and expenses incurred
under this Agreement. The City agrees to take reasonable precautions not to disclose such information outside the scope of
those stated purposes, subject to the Kansas open records act or other applicable law.
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 responsibilities as outlined in Exhibit A. 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:
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( 1) 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
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 or his designee, 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 rrom 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
party.
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 5:00 p.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. Authoritv 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.
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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.
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, and initialed by
all parties, shall supersede all conflicting printed provisions.
35. Feminine-Masculine, Sine;ular-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.
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EXHIBIT A
RESPONSIBILITIES OF THE PARTIES
The Consultant agrees to perform the responsibilities outlined in the Consultant's February 11 ,
2022 proposal attached hereto and incorporated herein as Exhibit A -Project Scope.
A-1
February 11, 2022
D an Stack, PE
City Engineer
City of Salina
300 W. Ash St.
Salina, KS 67401
111/llSOIV
&COMPANY
HIGHER RELATIONSHIPS
1700 East Iron Avenue
Salina. KS 67401
785 827 0433 p
785 827 5949 f
w1lsonco.com
Re: City of Salina Centennial Road and Arnold Avenue Drainage and Street Improvements Project -
Scope & Fee Proposal EDA Project No. 05-79-06103
Mr. Stack:
Thank you for selecting Wilson & Company Inc., E ngineers & Architects (Wilson & Company) as the City's
design consultant for the design of the Centennial Road and Arnold Avenue Drainage and Street
Improvements project. We are looking forward to the opportunity to work with the City on this critical
project to support the expansion of the airport industrial park.
Wilson & Company will provide project management; public involvement and meetings; concept,
preliminary, and final design; bidding assistance; and limited construction support for the Centennial Road
and Arnold Avenue Drainage and Street Improvements project. The following scope and fee proposal
outlines the anticipated scope of services and associated manhours and fee for these services.
Our team is excited about the opportunity to work with the City for the design of this project. Please contact
me with any questions regarding the attached scope and fee proposal.
Sincerely,
Jeff Holste, PE, CFM
Project Manager
785.820.2623
L. Tyler Glissman, PE
Principal in Charge
785.820.2660
Wilson & Company, Inc., Engineers & Architects
d1sc1pl1ne I 1ntens1ty I collaborat1on I shared ownership I solutions 1
City of Salina Centennial Road and Arnold Avenue Drainage and Street Improvements Project -Scope & Fee Proposal EDA m~~~
Project No. 05-79-06103
2/11/2022
pg. 2
Exhibit A -Project Scope
1. Section 1 -Project Management
1.1. The Consultant will prepare a Project Work Plan (PWP) that covers the methodology, design
criteria, and other pertinent information that will affect the project design and schedule.
1.2. The Consultant will prepare a proposed design criteria spreadsheet to be shared and approved by
the City prior to starting design.
1.3. The Consultant will review project background data from adjacent projects relevant to the design
of this project.
1.4. The Consultant will establish quality control checklist and determine the appropriate reporting
format
1.5. The Consultant will conduct project coordination and meetings necessary for the project.
Extensive coordination is anticipated to be necessary to facilitate the project and to coordinate
with the adjacent Schwan's management team.
2. Public Involvement and Project meetings
2.1 . The Consultant will attend a kick-off meeting at City Hall to discuss the project schedule, specific
design issues that will need to be resolved and establish the dates of future team meetings. It is
anticipated that this meeting will be approximately two (2) hours.
2.2. The Consultant will attend monthly meetings with the City to discuss project progress, design
issues that may arise throughout the project, changes within other City projects that may affect
the project. project schedule. and other items as needed. These meetings will occur during the
Concept and Preliminary design phases only. Based on a six (6) month Concept and Preliminary
Plan development schedule, a total of six (6) meetings will need to be scheduled.
2.3. The Consultant will attend one (1) individual owner meeting with the affected property owners
adjacent to Arnold Road to determine the desired access / traffic patterns for truck access.
2.4. The Consultant will attend one (1) public meeting to present the Concept Plans. The meeting will
be held at location to be determined by the City in an "open house" format. The Consultant will
prepare two (2) large roll plots or other exhibits to allow people to view the proposed
improvements. One (1) set of full-size plans will be available to discuss one-on-one items if
necessary.
2.5. The Consultant will attend one (1) individual meeting with the affected property owners ad jacent
to Arnold Road to present the Concept Plans.
2.6. The Consultant will attend one City Council meeting to present the Preliminary Plans (if
necessary).
2.7. Attend one (1) public meeting to present the Final Plans.
2.8. The Consultant will attend a pre-bid meeting and answer questions from potential bidders during
the project advertisement period.
City of Salina Centennial Road and Arnold Avenue Drainage and Street Improvements Project -Scope & Fee Proposal EDA m~2v~
Project No. 05-79-06103
2/11/2022
pg. 3
3. Concept Plan Development (30%)
3.1. Traffic Analysis
3.1.1. Collect Previously Completed Studies By Others
3.1.1.1. Obtain traffic count information that may have already been collected in the project
area.
3.1.1.2. Obtain traffic studies completed by others.
3.1.1.3. Review traffic counts provided by the City.
3.1.1.4. Review future land-use and zoning for the surrounding area.
3.1.2. Crash Analysis
3.1.2.1. Review the crash records and document trends and high crash locations.
3.1.2.2. Crash records to be provided by the City
3.1 .3. Traffic Signal Warrant Analysis. Review traffic signal warrants at the intersections of Arnold
and Centennial
3.1.3.1. Collect 24 hour Traffic Counts at Arnold and Centennial
3.1.3.2. Traffic Signal Warrant Analysis
3.2. Arnold Roadway Drainage
3.2.1. Drainage Existing Conditions -Determine the peak watershed runoff at critical locations. Major
drainage-ways, drainage structures and flow constrictions. Investigate the flooding problems in
the area.
3.2.2. Alternative Analysis -Review alternatives including drainage patterns, detention, structure sizes.
and conveyance methods
3.2.2.1. Enclosed Storm Sewer Analysis: Develop a type and size of proposed enclosed storm
sewer system and inlets
3.2.2.2. Open channel / bioswale analysis
3.2.2.3. A hydraulic analysis of the proposed alternative will be developed.
3.2.3. Exhibits -Prepare exhibits for each alternative that will be used for discussions with the City
Staff. The exhibits will show the type and location of the proposed improvements, anticipated
limits of ponded water and other detail as required to depict the improvements.
3.2.4. Evaluation of Alternatives -A list of the advantages and disadvantages of each of the
alternatives evaluated and estimated construction cost. Prepare a design memorandum that
recommends preferred alternatives based on analysis and discussions with City Staff.
. . . . . WllSOIV City of Salina Centennial Road and Arnold Avenue Drainage and Street Improvements Project -Scope & Fee Proposal EDA &COMPANY
Project No. 05-79-06103
2/11/2022
pg.4
3.3. Concept Roadway Plans
3.3.1. Develop a typical section based on the traffic findings that will be used to determine project
impacts.
3.3.2. Develop one (1) horizontal alignment that will match the existing full-width street section at
either end on the project.
3.3.3. Develop one (1) vertical alignment that will be used to determine the impacts from the typical
section options.
3.3.4. Develop intersection layouts
3.3.5. Prepare concept plans that will include the following sheets:
• Title Sheet
• Typical Section Sheets
• Plan & Profile Sheets (identify grading limits and R/W impacts)
• Cross Sections
3.3.6. The Consultant will submit a Utility Location Report to each of the utility companies identified
in the project corridor. The report will also include 11 x 17 conceptual plan sheets of the
project for their use in locating their facilities.
3.4. The Consultant will attend a Concept Plan review meeting with the City staff to discuss the
proposed improvements.
3.5. Concept Channel Plans
3.5.1. The Consultant will evaluate channel layout presented in EDA application and update the
concept layout based on any additional information obtained through a project corridor site
visit. Edits to the horizontal and vertical alignment will be included in this update.
3.5.2. The Consultant will develop project plan sheets for the channel corridor including title, general
notes, typical sections, horizontal and vertical control, plan layout, potential utility conflicts,
details for adjacent drainage connections, and cross sections along the channel.
3.5.3. Structural design support is included to determine the appropriate layout of box culvert
replacements for the Schilling Rd and Magnolia Rd.
3.5.4. The Consultant will supervise any required subsurface explorations such as borings and soil
tests to determine amounts of rock excavation or foundation conditions, no matter whether
they are performed by the Consultant or by others paid by the City. This effort is not currently
anticipated but can be paid under the Additional Services portion of the fee if geotechnical
exploration is determined to be necessary.
3.5.5. Environmental Permitting
City of Salina Centennial Road and Arnold Avenue Drainage and Street Improvements Project -Scope & Fee Proposal EDA m';jf,~~
Project No. 05-79-06103
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pg. 5
3.5.5.1. The Consultant will coordinate with the Kansas Division of Water Resources to
determine necessary channel change and floodplain permitting that may be required for a
portion or all the channel corridor.
3.5.5.2. The Consultant will coordinate with the US Army Corps of Engineers for jurisdictional
determination of the channel corridor and potential permitting requirements. It is
assumed that the project will be permitted with a Nationwide permit for development of
this fee.
3.5.5.3. The Consultant will prepare documentation for the Kansas Department of Health &
Environment including the Stormwater Pollution Prevention Plan (SWPPP) and the
Notice of Intent application.
4. Preliminary Plan Development (60%)
4.1. Refine the typical sections to be used for the design based on City recommendations and the
Centennial Rd and Arnold Ave/Scanlan Ave pavement design.
4.2. Refine horizontal alignment based on Concept Plan review.
4.3. Refine vertical alignment based on Concept Plan review.
4.4. Develop a storm drainage system design in accordance with the Concept Drainage Analysis.
4.4.1 Prepare a drainage area map for the project. Each subbasin for each inlet structure will
be clearly identified on the drawing.
4.4. 1 Design the location of curb inlets and drainage structures based on the City's minimum
design requirements for a collector street.
4.4.2 Design the cross road structures as identified in the Concept Drainage Analysis.
4.4.3 Design stormwater conveyance systems (open ditch, bioswale, or enclosed RCS) as
identified in the Concept Drainage Analysis.
4.5 Develop erosion control plan for the proposed improvements. The extent of the
drawings will identify the general design for placement of silt fencing, wattles,
sedimentation basins, and othererosion control measures during construction activities.
The plan will be in a reduced scale and double-plan sheet format with existing and
proposed contours.
4.6 Prepare cross sections at 25-foot intervals. Additional cross sections will be provided at
entrances, side streets, crossroad culverts, and locations of critical interest to depict cuts,
fills, orspecial features.
4.7 Prepare a preliminary drawing for the permanent pavement marking and signing plan.
4.8 Prepare a preliminary drawing of the street lighting layout.
4.9 Prepare a preliminary drawing for the traffic control and construction phasing plan.
City of Salina Centennial Road and Arnold Avenue Drainage and Street Improvements Project -Scope & Fee Proposal EDA m~~'
Project No. 05-79-06103
2/11/2022
pg. 6
4.10 Prepare a water main relocation plan to accommodate the proposed improvements.
4.11 The following plan sheets will be prepared for the Preliminary plan submittal.
• Title Sheet
• General Layout Sheet
• Typical Section Sheets
• Plan and Profile Sheets
• Storm Sewer Plan and Profile Sheets
• Water Main Plan and Profile Sheets
• Permanent Pavement Marking and Signing Sheets
• Street Lighting Plan Sheets
• Intersection Details Including Sidewalk Ramp Layouts
• Erosion Control Sheets
• Traffic Control and Construction Phasing Sheets
• Drainage Area Map
• Cross Sections
4.12 The Consultant will prepare an Opinion of Probable Construction Cost using City
standard bid items and recent bid tabs for the City of Salina and the KDOT quarterly
reports in conjunctionwith local cost information provided by the City.
4.13 The Consultant will attend a Preliminary Plan review meeting with City staff.
4.14 The following plan sheets will be prepared for the Preliminary channel plan submittal.
• Title Sheet
• General Layout Sheet
• Typical Section Sheets
• Plan and Profile Sheets
• Storm Sewer Connection Detail Sheets
• Erosion Control Sheets
• Box Culvert Structural Design Sheets
City of Salina Centennial Road and Arnold Avenue Drainage and Street Improvements Project -Scope & Fee Proposal EDA m'9,,~~
Project No. 05-79-06103
2/11/2022
pg. 7
• Cross Sections
4.15 Structural design support is included to determine the appropriate design details needed
for box culvert replacements for the Schilling Rd and Magnolia Rd.
4.16 Environmental Permitting
4.16.1 The Consultant will coordinate with the Kansas Division of Water Resources to
determine necessary channel change and floodplain permitting that may be required
for a portion or all the channel corridor.
4. 16.2 The Consultant will coordinate with the US Army Corps of Engineers for
jurisdictional determination of the channel corridor and potential permitting
requirements. It is assumed that the project will be permitted with a Nationwide
permit for development of this fee.
4. 16.3 The Consultant will prepare documentation for the Kansas Department of Health &
Environment including the Stormwater Pollution Prevention Plan (SWPPP) and the
Notice of Intent application.
5. Final Check Plans and Documents (90% Complete)
5.1 Based on the comments received from the City during the Preliminary Plan review, the
Consultant will revise the construction plans. A written list of the comments will be
assembled into a single document and distributed to the team members for their use during
this plan development phase.
5.2 Any proposed easements will be noted on the plans using station/ off-set call out.
5.3 Prepare exhibits that will include right-of-way and/ or temporary easements for use by
the City in preparing legal descriptions and easement acquisition documents.
5.4 The Consultant will prepare specifications for any construction work items that are not
covered under the City's Standard Specifications based on comments received during the
Preliminary Plan review.
5.5 The Consultant will prepare an Opinion of Probable Construction Cost using City standard
bid items and recent bid tabs for the City of Salina and the KDOT quarterly reports in
conjunctionwith local cost information provided by the City.
5.6 The Consultant will assist the City in preparing, submitting and communicating information
for the following environmental permits which are anticipated for the project:
• Notice of Intent (NOI) for Stormwater Runoff from Construction Activities.
• Stormwater Pollution Prevention Plan (SWPPP)
• Kansas D epartment of Wildlife and Parks threatened and endangered
speciesdetermination.
• Kansas Historical Society historical determination.
City of Salina Centennial Road and Arnold Avenue Drainage and Street Improvements Project -Scope & Fee Proposal EDA m~~~
Project No. 05-79-06103
2/11/2022
pg. 8
5.7 Structural design support is included to determine the appropriate design details needed for
box culvert replacements for the Schilling Rd and Magnolia Rd.
5.8 Environmental Permitting
a. The Consultant will coordinate with the Kansas Division of Water Resources to
determine necessary channel change and floodplain permitting that may be required
for a portion or all the channel corridor.
b. The Consultant will coordinate with the US Army Corps of Engineers for
jurisdictional determination of the channel corridor and potential permitting
requirements. It is assumed that the project will be permitted with a Nationwide
permit for development of this fee.
c. The Consultant will prepare documentation for the Kansas Department of Health
& Environment including the Stormwater Pollution Prevention Plan (SWPPP) and
the Notice of Intent application.
5.9 The Consultant will attend a Final Check Plan review meeting with City staff.
6. Final Plans, Project Manual, and Estimate (100% Complete)
6. 1 Based on the comments received from the City during the Final Plan review, the Consultant
will revise the construction plans. A written list of the comments will be assembled into a
single document and distributed to the team members for their use.
6.2 The Consultant will prepare a project manual using the City's standard front-end documents
andspecifications. Special provisions will be included for all non-standard work items.
6.3 The Consultant will prepare an Opinion of Probable Construction Cost using City standard
bid items and recent bid tabs for the City of Salina and the KDOT quarterly reports in
conjunction with local cost information provided by the City.
6.4 The Consultant will submit PDF plans to the City for bidding the project.
7. Bidding Assistance
Bid documents will be prepared for the project including advertisement and addendums to support the
bidding process. The Consultant will advertise the project using the Planroom to manage bidder
information and project planholders and work with the City to conduct the project bid opening. The
Consultant will attend the bid opening, prepare and submit bid tabulations, review bidder's
qualifications, and make a recommendation as to the contract award.
8. Limited Construction Related Services
The design team will support the City with limited construction related services to answer requests
for information and review design submittals for the project. The Consultant will attend limited
construction progress meetings to support the construction process. Construction support includes
City of Salina Centennial Road and Arnold Avenue Drainage and Street Improvements Project -Scope & Fee Proposal EDA m~~~
Project No. 05-79-06103
2/11/2022
pg. 9
periodic surveillance of project construction to check compliance with plans, specifications, and
other contract documents and evaluate general progress based on the construction schedule. Limited
construction services including periodic site visits and periodic progress meeting attendance are
anticipated to occur monthly. As-built drawings in the form of pdf markups will be provided by the
Consultant based on known design changes and markups provided by the City and Contractor.
For construction phase services by the Consultant, it is understood that the Contractor, not
Consultant, is responsible for the construction of the project, and that Consultant is not responsible
for the acts or omissions of any contractor, subcontractor or material supplier; for safety precautions,
programs or enforcement; or for construction means, methods, techniques, sequences and
procedures employed by the Contractor.
Additional construction related service can be negotiated if desired by the City for an additional fee .
9. Additional Services as Approved by City Project Manager
An additional services contingency is included for use only with approval from the City Project
Manager. This budget allocation is available for items determined beneficial for the project, but not
included in the scope of services. Design of airport monument signing or additional irrigation
connections along Arnold Avenue are examples of potential additional service items.
EXHIBITB
TERM; SCHEDULE
1. Term. The term of this Agreement shall commence upon execution of this Agreement by
both parties, and shall remain in effect until completion of the services described attached
Exhibit A -Project Scope.
2. Schedule. The Consultant shall commence performance of the services and thereafter
complete the performance of services in accordance with the schedule set forth in the
Consultant's proposal, which is attached as Exhibit B -Project Schedule.
B-1
C. ts . . . . INllSOIV 1ty o alina Centennial Road and Arnold Avenue Drainage and Street Improvements Project -Scope & Fee Proposal EDA &COMPANY
Project No. 05-79-06103
2/11/2022
pg. 10
Exhibit B -Project Schedule
• Notice to Proceed for Design -February 2022
• Initiate Permitting -April 2022
• Initiate Public Involvement -May 2022
• Concept Design Complete -June 2022
• Preliminary Design Complete -September 2022
• Final Design/Permitting Complete -December 2022
• Bid Documents Complete/ Advertisement -December 2022
• Award/Start Construction -February 2023
1. Compensation
EXHIBITC
BASIS OF PAYMENT
The City agrees to compensate the Consultant an amount not to exceed four-hundred
sixty-four Thousand two-hundred twelve dollars ($464,212.00), on the basis of the actual
hourly rates and reimbursable expenses shown on the Consultant's fee schedule set forth
in Consultant's February 11 , 2022 proposal attached exhibit C -Project Fee.
2. Invoices
The Consultant agrees to submit to the City detailed invoices, on a monthly basis, for work
performed and reimbursable expenses actually incurred. The invoices shall identify the
personnel performing the work, the date of the work, the work performed, and the time
required to the one-half 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 the attached and incorporated fee schedule.
3. Payment
Invoices will be due and payable within 30 days ofreceipt by the City. If the City disputes
any items in the 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
the Consultant and request clarification and/or correction. Following resolution of any
dispute, the 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 30 days ofreceipt by
the City.
C-1
Exhibit C -Project Fee
City of Salina Centennial Road and Arnold Avenue Drainage and Street Improvements Project
Prepared By: Jeff Holste/Michael Kramer
Date: 2/11/22
LABOR COSTS: Project Management; Public Involvement and Meetings; Concept, Preliminary, and Final Oesignj Bidding Assistance; Construction Svcs
I Position Principal Project Project Design CAOO Clerical
Scope Description I Task Manager Engineer Engineer Tech.
I Rate $260.00 I $178.00 I $135.00 I $100.00 I $88.00 I $72.00
Hours _......,_
General Proiect Manaaement 16 100 60
Project Manaaement Plan 1 6
Qualitv Control Plan 1 4
Desian Criteria and Backaround Data 4 2
Proiect Coordination/Meetinas 16 80 60
Publlcl-ondll-
Prooertv Owner Meetinos -Traffic 2 16 8
Pronanv Owner Meetinos -Conceot Plans 2 8
Public Meetino -Conceot Plans 2 8
Public Meetino -Final Plans 2 8
Council Meetino • Final Plans 2 8
c::ane.m Deskin (30%1
Roadwav Oesian
Traffic Analvsis 8
Review Studies 2 6
Crash Analvsis 2 5
Counts 8
Warrant 1 2
Roadwav Drainaae
ExistinQ Conditions 2 8 16
Alternatives 2 4 8
Hydraulic Analvsis 2 8 24
Exhibits 1 4 8 12
Alternative Evaluations 2 4 12
Roadwav Plans
Section 1 2
Horizontal Alionment 1 4 8
Vertical 1 4 8
Intersection Lavouts 4 8 16
Conceot Plan Sheets 4 16 16 24
Utilitv Coordination 6 10 4
QA/QC 1 8 4
Channel Desian
Corridor Site Visit 8
Lavout Alternatives 2 4 4 4
Horizontal and Vertical Alianment 4 12 4 8
Plan Sheet Const. Notes General Notes Utilitv Contacts 2 4 4 8
Title and Tvt:iica1 Section Sheets 1 4
Standard Ptan Sheets 8 16 8 24
Drainaoe Channel Connection Details 2 8 8 4
Miscellaneous Details 4 8 8 8
Cross Sections 4 24 8 24
QA/QC 2 8 4
Structural Desian
Construction Lavout 8 16
RCB Details lSchillina & Maanolia Structures) 4 8
QA/QC 2
Environmental Permitting
DWR PermittinQ (Channel Chanqe/Floodolain Permit) I 1 2 4 I I
USACE PermittinQ (Section 404 Nationwide Permit) I 1 4 8 I I
KDHE Permittino (SWPPP NOil I 1 4 8 I I -·-· Roadwav Desian
Develoo storm drainaqe system
Drainaqe Mao 1 8 4
Inlets/Structures 2 8 12 8
Convevance Svstem 4 12 16 8
Erosion Control Plan 1 4 4
Roadway Plans
Refine Section 2 2 4
Horizontal Aliqnment 2 4 8
Vertical 4 8 8
Cross Sections 4 16 40
Pavement MarkinQ 8 8
liqhtinQ 16 4
Traffic Control and Construction PhasinQ 8 16 16
Water Main Relocation Plans 4 16 8 24
Plan Sheets for Preliminary Plan 12 80 40 80
Utilitv Coordination 4 6
Preliminaiv Plan Construction Cost Estimate 1 8 8
QA/QC 2 12 4
Total
Total Wilson &
Hours Company
Fee
176 $30 060
7 $1 328
5 $972
6 $982
156 $26 500
350 $59,8'2
26 $4 448
10 $1 944
10 $1 944
10 $1 944
10 $1 944
66 $12,22,
8 $1 080
8 $1166
7 $1 031
8 $800
3 $335
26 $3 036
14 $1696
34 $3 836
25 $2 574
18 $2 096
3 $448
13 $1 518
13 $1 518
28 $3 392
60 $6 584
20 $2 818
13 $2,224
8 $1 424
14 $1 648
28 $3 436
18 $2 000
5 $530
56 $6496
22 $2 588
28 $3 296
60 $6 864
14 $2,484
24 $3 584
12 $1 792
2 $356
7 $1 156
13 $2 052
13 $2,052
625 . $77,910
13 $1 610
30 $3 340
40 $4 636
9 $930
8 $1 026
14 $1 696
20 $2 592
60 $6 392
16 $1 504
20 $2 512
40 $4 992
52 $5 784
212 $23 976
10 $1 522
17 $2 764
18 $3,196
Exhibit C -Project Fee
City of Salina Centennial Road and Arnold Avenue Drainage and Street Improvements Project
Prepared By: Jeff Holste/Michael Kramer
Date: 2/11122
LABOR COSTS: Project Management; Public Involvement and Meetings; Concept, Preliminary, and Final Design; Bidding Assistance; Construction Svcs
I Position Principal Project
Scope Description I Task Manager
I Rate $260.00 I $178.00
Channel Desian
Horizontal and Vertical Alianment 4
Plan Sheet Const. Notes General Notes Utilitv Contacts 4
Ditch Liner Lavout 8
Title and Tvoical Section Sheets 1
Standard Plan Sheets 16
Drainaae Channel Connection Details 2
Miscellaneous Details 4
Erosion Control Plans and Details 4
Cross Sections 4
Preliminarv Plan Construction Cost Estimate 1 8
Utility Coordination 4
QNQC 2 8
Structural Desi n
RCB Details (Schillina & Maanolia Structures1 1 8
Flared Winawalls 4
QNQC 1 2
Environmental Pennittina
DWR Permittina lChannel Chanoe/Floodnlain Permit' I 1 4
USACE Permittino !Section 404 Nationwide Permit) I 2 8
KDHE Permitti~ rswPPP NOil I 1 4
Final Dealan fl0% & 1 ....... 1
Roadway Deslan
Preliminarv Plan Comments and Final Plans 4
Easement Location 2
Pro"ect Manual and Sneciat Provisions 8
Preoare Probable Construction Cost Estimate 1 4
QNQC 2 8
Channel Desian
Preliminarv Plan Comments and Final Plans 4
DrainBQe Channel Connection Details 2
Miscellaneous Details 4
Cross Sections 4
Erosion Plans and Details 4
Proiect Manual and Soecial Provisions 8
Prenare Probable Construction Cost Estimate 1 4
QNQC 2 8
Structural Desian
Final RCB Plan Details ISchitlino & Mannolia Structures' 4
QNQC 2
Environmental Permittino
DWR Permittino /Channel Chanoe/Floodnlain Permit' 1 I 12
USACE Permittino lSection 404 Nationwide Permit) 1 I 8
KDHE Permittill<l (SWPPP NOil 1 I 4
Post D.,.lan SerYlc.,.
lllddlna Aool-ce
Bid Documents 1 16
Prebid Meetino 1 4
Bid Advertisement 4
Addressina Contractor Questions 1 16
ReviewinQ Bids/Qualifications Bid Tabulation 1 16
Limited Conolruc:tlon Rololod Servi ...
RFls Submittal Review 2 I 40
Periodic Site Visits lmonthlv\ 12 I 72
Periodic PrQQress MeetinQs (monthly) 4 I 48
As-built Drawinos IPDF mari<uo\ 2 I 60
Addltionol s.nr1 ...
Additional Services as Aooroved bv City Proiect Manaaer 8 I 70
Totals I 1031 952
DIRECT EXPENSES -Design
Unit Total
Item I Descriotion No. Cost Cost
Mileaae 12 400 S0.56 $6 944
Postaae & Miscellaneous Costs 1 $300 $300
landscaoe Architect 1 $7 250 $7 250
Total Direct Exnense Cost $14 494
Mari<uo on Exoenses IN/A\ so
Total Expenses $14,494
Project Design
Engineer Engineer
I $135.00 I $100.00 I
Hours
4
8
40
4
80
4
8
12
16
8
6
4
6
8
2
I 8 I
I 24 I
I 8 I
30 24
8
40
4
4
30 24
4
8
8
8
24
4
4
12
2
24
24
8
32
4
4
8
12
40 I
I
I
I
40 I
1,1821 3381
CADD Clerical Tech. Total
$88.00 I $72.00 Hours
8
8 20
24 72
2 7
80 176
16 22
8 20
8 24
24 44
17
10
14
16 31
8 20
5
8 I 21
8 I 42
I 13
1,145
40 98
10
48
9
14
40 98
8
8 20
16 28
8 20
32
9
14
8 24
4
24 61
8 41
13
543
8 2 59
9
4 2 14
25
29
136
82
84
52
62
280
118
118
6911 ' 3,263
SUMMARY -Design
Item I Descri tion
Total Hours
Total Fee
Total Direct Ex ense Cost
Total Fee -Desi n
Grand Total
Total
Wilson &
Company
Fee
$1 252
$2 496
$8 936
S894
$20 688
$2 304
$2 496
$3 036
$4 984
$2 764
$1 522
$2,484
$3 902
$2 496
$886
$2 756
$5 888
$2 052
$140,308
$10 682
$1156
$6 824
$1 512
$2,484
$10 682
$2 496
SJ 200
$2 496
$4664
$1 512
S2,484
$3 036
$626
$7 748
SS 628
$2 052
$69,282
S8 276
$1 512
$1 748
$4 188
$4 728
$20,452
$13 040
$15 936
$9 584
s11 200
$49,760
S19 940
$19 940
S4'9,718
Total
Cost
3 263
$449 718
$14,494
$464,212
$464,212
INllSOIV
&COMPANY
EXHIBTTD
INSURANCE REQUIREMENTS
(Consultant Services)
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:
1. 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
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, with respect to the commercial general liability policy
required hereunder, shall be endorsed to 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. If coverage is written on a claims-made basis for any of
the policies required by this Agreement, the Consultant must maintain the coverage for a
minimum of two (2) years from the date of final completion of all work under the Agreement.
D. Premium and Deductible Expenses. The Consultant shall be responsible for all
premmms and retention or deductible expense for any and all policies required by this
Agreement.
2. Specific Coverage Requirements.
A. Professional Liability -Errors and Omissions. The Consultant shall maintain
professional liability insurance covering errors and omissions, with limits of not less than
$1 ,000,000. In the event coverage is provided on a claims-made basis, the professional liability
insurance shall be maintained for a period of not less than two (2) years after completion of the
Contract or, in lieu thereof, the Consultant shall purchase tail coverage (extended reporting
period) under which the City shall be afforded protection.
B. Commercial General Liability ("CGL"). The Consultant shall maintain CGL
coverage written on ISO Occurrence form CGOO 01 or an industry equivalent, which shall cover
liability arising from Personal Injury, Bodily Injury, Property Damage, Premises and Operations,
Contractual Liability, Independent Contractors and Advertising Injury. The policy limits shall
not be less than the following:
• Each occurrence
• General aggregate
D-1
$1,000,000
$2,000,000
• Personal and Advertising Liability $1 ,000,000
C. Business Automobile Liability ("BAL"). The Consultant shall maintain BAL
coverage written on ISO form CA 00 0 I 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
D-2