8.4 Major Project Engineering ServicesCITY OF SALINA
REQUEST FOR COMMISSION ACTION D_ATE TIME
6/16/97 4:00 P.M.
AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR
NO. 8 Engineering & Utilities AGENDA:
ITEM
BY: Shawn 0 ' Leary BY:..
ITEM
Engineering Agreements for four major transportation capital improvement projects.
BACKGROUND
In March, 1997, the City Commission approved the current 5-year Capital Improvement Program. That
program includes four major transportation projects for which outside consulting engineering services are
necessary. Those projects are the South Ninth Street Corridor Improvements, the Schilling Road Bridge
Replacement, the Cloud Street Bridge Replacement and the HES Intersection Improvements. A map of these
projects is attached. Following is a brief description of each project:
South Ninth Street Corridor Improvements:
This project involves the enhancement and urbanization of an existing arterial roadway, South Ninth Street,
from Otto Avenue on the north to Schilling Road on the south (approximately 1 ½ miles). This roadway was
originally constructed as U.S. Highway 81. The corridor is now heavily developed with commercial
properties. Phase I of this corridor improvement program was completed in 1996 at the Ninth and Broadway
intersection. Phase lI of the program, scheduled for construction in 1998, will involve street, drainage, traffic,
landscaping and lighting improvements on South Ninth Street from Otto Avenue to Belmont Boulevard.
Schilling Road Bridge Replacement:
This project involves the replacement of an existing reinforced concrete fiat slab bridge located on Schilling
Road directly west ofi-135. The bridge spans the Dry Creek Channel. The existing bridge is 254 feet long,
32 feet wide and was built in 1953. The 1995 sufficiency rating for the bridge was 40.5 percent. The City
has included this project in the five-year KDOT plan for a tentative letting date in February, 1999. The
preliminary project cost estimate is $525,000.
West Cloud Street Bridge Replacement:
This project involves the replacement of an existing reinforced concrete haunched girder bridge located on
Cloud Street directly east of Centennial Road. The bridge spans the Dry Creek Channel. The existing bridge
is 182 feet long, 26 feet wide and was built in 1953. The 1995 sufficiency rating for the bridge was 37.4
percent. The City has included this project in the five-year KDOT plan for a tentative letting date in July,
1999. Preliminary project cost estimate is $340,000.
HES Signalized Intersection Improvements:
In March, 1997, the City was selected to receive KDOT Hazard Elimination System (HES) grant funds for
improvements to five existing signalized intersections. Those intersections are Ninth and Walnut, Ninth and
Republic, Ninth and Claflin, Broadway and South and Broadway and Cloud. The proposed improvements
include upgrading of traffic signals and installation of dilemma-zone protection. The preliminary estimate
of cost for these improvements is $265,000, of which KDOT will fund 90 percent.
CITY OF SALINA
REQUEST FOR COMMISSION ACTION DATE TIME
6/16/97 4:00 P.M.
AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR
NO. AGENDA:
Engineering & Utilities
ITEM
NO.
BY: Shawn 0 ' Leary BY;.,..
Page 2
The process of selecting engineering firms for these projects began in April, 1997. The traditional
qualifications-based selection process was employed. Seven firms were solicited for proposals (RFP's), with
six of those firms expressing interest in the projects. A selection committee made up of city staff determined
which firms would be interviewed for each project. Two different negotiating committees, also made up of
city staff, then conducted thorough interviews with each firm on each project. Those committees then rated
and selected the most qualified firm for each project. At that point, contract negotiations began with each of
the selected firms. The attached four contracts represent the culmination of that selection process for
engineering services. The firms selected, with a summary of thc contracts is as follow:
Project Consultant Maximum Fee Schedule
South Ninth Street Corridor Wilson & Company $130,816.00 90 Calendar Days
Schilling Road Bridge Wilson & Company $ 62,801.00 150 + Calendar Days
Cloud Street Bridge Earles & RJggs $ 26,630.39 180 + Calendar Days
I-lES Intersection Improvements Kirkham.Michael $ 41,191.00 42 + Calendar Days
Total: $261,438.39
Each of the three attached contracts are written with an "amount not to exceed" in a "cost plus fixed fee"
format. The "cost" includes all direct payroll, direct non-payroll and overhead (indirect) costs. The "fixed
fee" is a fixed lump sum amount, agreed upon during negotiations to cover any non-reimbursable costs, pre-
tax profit and readiness to serve. The "fixed fee" does not change regardless of variations in "cost". The
"cost not to exceed" is just that, a total contract amount that can not be exceeded without prior approval and
a supplemental agreement with the City Commission. It is common for our engineering contracts to underrun
the "amount not to exceed". The attached engineering contracts address the scope of work, consultant's
responsibilities, city's responsibilities, time schedule, fee and general provisions.
Each of the contracts are on a different schedule. The schedules are dictated by many factors including scope
of work, city expectations, KDOT expectations, etc.. The contracts are configured to bring the projects to
completion within the City's Capital Improvement Program.
The 1997 Capital Improvement Program allocates $250,000 from the General Fund for these design services.
Funds for design engineering on the HES project were not allocated in the CIP because the City had just
received notice of the grant in March, 1997 and the project scope had not been established.
RECOMMENDATION
It is recommended that the City Commission approve these four engineering agreements.
Resolut±on Number 97-5171
II
1997
?
I
TRANSPORTATION
PROJECTS
iq
1. South Ninth St. (~orridor Improvements.
2. Schilling Rd. Bridge Replacement
3. W. Cloud St. Bridge Replacement
4. I-lES Signalized Intersection Improvements
STANDARD FORM OF AGREEMENT
BETWEEN
OWNER AND ENGINEER
FOR
PROFESSIONAL SERVICES
THIS IS AN AGREEMENT, made as of , 19 , between the City of Salina,
Kansas (OWNER) and Wilson & Company, Engineers & Architects, 1700 East Iron Avenue,
Salina, Kansas, (ENGINEER). OWNER intends to reconstruct South Ninth Street from Otto
Street to Schilling Road to 4-lane urban parkway standards. The desired reconstruction will
require design and planning for street and intersection improvements necessary for safe and
functional transportation along and within the corridor based on 20-year projections of traffic.
Planning will include through traffic, roadway geometrics, intersection turning lanes, traffic
control devices, access and access control, drainage systems, lighting systems and landscaping
features. OWNER and ENGINEER in consideration of their mutual covenants herein agree in
respect to the performance of professional engineering services by ENGINEER and the payment
for those services by OWNER as set forth below.
SECTION 1 - BASIC SERVICES OF ENGINEER
1.1. General.
1.1.1. ENGINEER shall provide for OWNER professional engineering, surveying,
geotechnical, and landscape architectural services for concept, planning, design and
construction phase services.
1.2. Concept Phase. Collect necessary field data to complete a traffic analysis of the corridor
and prepare concept designs defining alternatives and proposed improvements.
1.2.1. Mapping and Field Surveys. Perform all necessary field surveys and photogram-
metric measurements required for use in completing the Concept Design as well as for
construction plans and specifications for the Phase I and subsequent construction projects.
1.2.2. Traffic Planning and Analysis. Obtain supplemental traffic counts necessary to
support and update the current traffic model for the corridor and prepare 20-year projections
based on data from existing reports and traffic data. Review traffic signal warrants at all
existing and anticipated access locations. Review existing accident data and complete a
safety analysis of the corridor. Develop a capacity needs analysis and traffic signal
progression analysis, as well as recommendations for roadway and intersection geometrics
Page 1 of 12
for all current and anticipated access locations. Include data and conclusions in Design
Concept Report.
1.2.3. Concept Design and Planning. Prepare design concepts for 2 alternates addressing
total reconstruction and overlay/rehabilitation of the existing pavement to construct a 4-lane
urban parkway for the entire corridor. The design concepts shall be presented on 50 scale
preliminary plans and shall address the major design issues including:
· Horizontal and vertical alignment
· Intersection and roadway geometrics with respect to lane widths and auxiliary lanes
· Proposed typical sections including preliminary pavement recommendations
· Recommendations for existing and future access locations, including traffic signal
locations
· Roadway and roadside drainage, including an examination of options for elimination or
improvements to the existing drainage system
· Drainage structure extension, replacement and/or end treatment
· Landscaping recommendations and concepts for aesthetic enhancement of the corridor
· Suggestions for location of sidewalks for accommodation of pedestrian traffic
· Preliminary estimates of construction cost for both alternates
· Recommendations for construction scheduling and suggested limits for two or more
individual construction projects
1.2.4. At completion of the Concept Phase, ENGINEER shall furnish up to 20 copies
of the Design Concept Report and present and review them with the OWNER by
presentation to City Staff and Commission. The Concept Phase of the project shall be
completed and the preliminary plans and report submitted within 90 calendar days following
written authorization from OWNER to ENGINEER to proceed with that phase of services.
1.3. Final Design - Phase I. Upon presentation and acceptance of the Design Concept Report,
review comments and improvement alternate selection by the OWNER, prepare final design
drawings and construction documents for that portion of the total project to be designated as Phase
I. Scope and fee for these services to be negotiated at a later date by Supplemental Agreement
after determination of the Phase I project limits.
1.4. Final Design - Subsequent Phases. Upon presentation and acceptance of the Design
Concept Report, review comments and improvement alternate selection by the OWNER, prepare
final design drawings and construction documents for ! or more phases covering the remaining
portion of the total project. Scope and fee for these services to be negotiated at a later date by
Supplemental Agreement after determination of the Phase II and subsequent project limits.
Page 2 of 12
1.5. Project Bidding Services. Scope and fee to be negotiated at a later date by Supplemental
Agreement. Anticipated services include printing of construction documents and advertisement
for bids for Phase I and subsequent phases of the project.
1.6. Post Design Services. Scope and fee to be negotiated at a later date by Supplemental
Agreement. Services may include conducting a pre-bid conference, attending the pre-construction
conference and participation in on-going construction coordination meetings. If requested by
OWNER, review shop drawings prepared and submitted by the CONTRACTOR for conformance
to the requirements of the Drawings and Specifications.
1.7. Construction-Related Engineering Services. Scope and fee to be negotiated at a later date
by a Supplemental Agreement if these services are requested by the OWNER.
1.8. Resident Project Representative Services. Scope and fee to be negotiated at a later date
by a Supplemental Agreement if these services are requested by the OWNER.
SECTION 2 - ADDITIONAL SERVICES OF ENGINEER
2.1. Services Requiring Authorization in Advance.
If authorized in writing by OWNER, ENGINEER shall furnish or obtain from others Additional
Services of the types listed in paragraphs 2.1.1 through 2.1.8, inclusive. These services are not
included as part of Basic Services. These Additional Services will be paid for by OWNER as
indicated in Section 5.
2.1.1. Services to make measured drawings of or to investigate existing conditions or
facilities, or to verify the accuracy of drawings or other information furnished by OWNER.
2.1.2. Services resulting from significant changes in the general scope, extent or character
of the Project or its design including, but not limited to, changes in size, complexity,
OWNER's schedule, character of construction or method of financing; and revising
previously accepted studies, reports, design documents or Contract Documents when such
revisions are required by changes in laws, rules, regulations, ordinances, codes or orders
enacted subsequent to the preparation of such studies, reports or documents, or are due to
any other causes beyond ENGINEER's control.
2.1.3. Investigations and studies involving, but not limited to, detailed consideration of
operations, maintenance and overhead expenses; providing value engineering during the
course of design; the preparation of feasibility studies, cash flow and economic evaluations,
rate schedules and appraisals; assistance in obtaining financing for the Project; evaluating
Page 3 of 12
processes available for licensing and assisting OWNER in obtaining process licensing;
detailed quantity surveys of material, equipment and labor; and audits or inventories
required in connection with construction performed by OWNER.
2.1.4. Furnishing services of independent professional associates and consultants for other
than Basic Services for customary civil engineering, surveying, and landscape design; and
providing data or services of the types described in paragraph 3.4 when OWNER employs
ENGINEER to provide such data or services in lieu of furnishing the same in accordance
with paragraph 3.4.
2.1.5. Services during out-of-town travel required of ENGINEER other than visits to the
site or OWNER's office as required by Section 1.
2.1.6. Providing any type of engineering surveys and staking to enable Contractor(s) to
proceed with their work; and providing other special field surveys.
2.1.7. Preparing to serve or serving as a consultant or witness for OWNER in any
litigation, arbitration or other legal or administrative proceeding involving the Project.
2.1.8. Additional services in connection with the Project, including services which are to
be furnished by OWNER in accordance with Section 3, and services not otherwise provided
for in this Agreement.
2.2. Required Additional Services. Not Used.
SECTION 3 - OWNER'S RESPONSIBILITIES
OWNER shall do the following in a timely manner so as not to delay the services of ENGINEER:
3.1. Designate a person to act as OWNER's representative with respect to the services to be
rendered under this Agreement. Such person shall have complete authority to transmit
instructions, receive information, interpret and define OWNER's policies and decisions with
respect to ENGINEER's services for the Project.
3.2. Provide all criteria and full information as to OWNER's requirements for the Project,
including design objectives and constraints, space, capacity and performance requirements,
flexibility and expandability, and any budgetary limitations; and furnish copies of all design and
construction standards which OWNER will require to be included in the Drawings and
Specifications.
Page 4 of 12
3.3. Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent
to the Project, including previous reports and any other data relative to design or construction of
the Project.
3.4. Furnish to ENGINEER, as required for performance of ENGINEER's Basic Services the
following:
3.4.1. Other special data or consultations not covered in Section 2;
all of which ENGINEER may use and rely upon in performing services under this Agreement.
3.5. Arrange for access to and make all provisions for ENGINEER to enter upon public and
private property as required for ENGINEER to perform services under this Agreement.
3.6. Examine all studies, reports, sketches, Drawings, Specifications, proposals and other
documents presented by ENGINEER, obtain advice of an attorney, insurance counselor and other
consultants as OWNER deems appropriate for such examination and render in writing decisions
pertaining thereto within a reasonable time so as not to delay the services of ENGINEER.
3.7. Provide such accounting, independent cost estimating and insurance counseling services as
may be required for the Project, such legal services as OWNER may require or ENGINEER may
reasonably request with regard to legal issues pertaining to the Project.
3.8. Furnish to ENGINEER data or estimated figures as to OWNER's anticipated costs for
services to be provided by others for OWNER so that ENGINEER may make the necessary
findings to support opinions of probable Total Project Costs.
3.9. Give prompt written notice to ENGINEER whenever OWNER observes or otherwise
becomes aware of any development that affects the scope or timing of ENGINEER's services.
3.10. Furnish, or direct ENGINEER to provide, Additional Services as stipulated in paragraph
2.1 of this Agreement or other services as required.
3.11. Bear all costs incident to compliance with the requirements of this Section 3.
SECTION 4 - PERIODS OF SERVICE
4.1. The provisions of this Section 4 and the various rates of compensation for ENGINEER's
services provided for elsewhere in this Agreement have been agreed to in anticipation of the
orderly and continuous progress of the Project through completion of the Study Phase.
ENGINEER's obligation to render services hereunder will extend for a period which may
Page 5 of 12
reasonably be required. If specific periods of time for rendering services are set forth or specific
dates by which services are to be completed are provided and if such dates are exceeded through
no fault of ENGINEER, all rates, measures and amounts of compensation provided herein shall
be subject to equitable adjustment.
4.2. The services called for in the Concept Phase will be completed and the preliminary plans and
report submitted within the stipulated period indicated in paragraph 1.2 after written authorization
to proceed with that phase of services which will be given by OWNER within thirty (30) days
after ENGINEER has signed this Agreement.
4.3. The periods of service for the professional engineering services called for in paragraphs 1.3.
through 1.8. shall be negotiated at a later date by Supplemental Agreement.
SECTION 5 - PAYMENTS TO ENGINEER, COST PLUS A FIXED FEE METHOD OF
PAYMENT
5.1. Methods of Payment for Services and Expenses of ENGINEER.
5.1.1. For Basic Services. OWNER shall pay ENGINEER for Basic Services rendered
under Section 1 as follows:
5.1.1.1. Fee and Method of Payment. For the services described herein, the OWNER
agrees to pay the ENGINEER on a cost plus fixed fee basis. The ESTIMATED TOTAL
PAYMENT shown below shall not be exceeded without authorization by the OWNER.
Payments for the ENGINEER's costs shall be based on actual costs incurred in providing
the services described. However, the fixed fee shall be exactly the amount stated below
unless revisions are made by supplemental agreement to the Scope of Services, in which
case, the amount of the fixed fee and the estimated cost payable to the ENGINEER shall
be revised accordingly. Payments shall compensate the ENGINEER for all direct labor
costs, reimbursable expenses, overhead rate (currently at 1.05), fixed fee and all other
direct costs in providing the services. TOTAL PAYMENT to the ENGINEER for the
services described is estimated to be as follows:
Project
Description
Section 1.2
Concept Phase
ESTIMATED TOTAL PAYMENT
Estimamd Fixed Estimated Cost
Cost Fee Plus Fixed Fee
$116.203 $14.613 $130.816
$116,203 $14,613 $130,816
Page 6 of 12
5.1.1.2. Notice of Relationship of Payments to Estimated Total Compensation. If it
becomes apparent to ENGINEER at any time before Basic Services to be rendered
under this Agreement have been about eighty percent completed that the total amount
of compensation to be paid to ENGINEER on account of Basic Services pursuant to
paragraph 5.1.1.1 will exceed the ESTIMATED TOTAL PAYMENT indicated above
(which figures are ENGINEER's estimates of the amounts that will become payable
for such services), ENGINEER shall give OWNER written notice thereof. Promptly
thereafter OWNER and ENGINEER shall review the matter of compensation for such
Basic Services, and either OWNER shall accede to such compensation exceeding said
estimated amounts or OWNER and ENGINEER shall agree to a reduction in the
remaining services to be rendered by ENGINEER under this Agreement so that total
compensation for such Basic Services will not exceed such estimated amounts when
such services are completed.
5.1.2. Additional Services. OWNER shall pay ENGINEER for Additional Services
rendered under Section 2 as follows:
5.1.2.1. General. For Additional Services of ENGINEER's principals and employees
engaged directly on the Project and rendered pursuant to paragraph 2.1 (except services
as a consultant or witness under paragraph 2.1.8), on the basis of ENGINEER's
Director Labor Costs, plus Reimbursable Expenses, plus Direct Labor Costs times a
factor of 1.05 plus a fixed fee of 15 percent of all costs.
5.1.2.2. Professional Associates and Consultants. For services and Reimbursable
Expenses of independent professional associates and consultants employed by
ENGINEER to render Additional Services pursuant to paragraph 2.1, the amount billed
to ENGINEER.
5.1.2.3. Serving as a Witness. For services rendered by ENGINEER's principals and
employees as consultants or witnesses in any litigation, arbitration or other legal or
administrative proceeding in accordance with paragraph 2.1.8, at the rate of $120.00
per hour for principals and $80.00 per hour for employees or any portion thereof, plus
Reimbursable Expenses (but compensation for time spent in preparing to appear in any
such litigation, arbitration or proceeding will be on the basis provided in paragraph
5.1.2.1). Compensation for ENGINEER's independent professional associates and
consultants will be on the basis provided in paragraph 5.1.2.2.
5.1.3. The terms "Direct Labor Costs" and "Reimbursable Expenses" have the meanings
assigned to them in paragraph 5.4.
Page 7 of 12
5,2. Times of Payments.
5.3.
5.2.1. ENGINEER shall submit statements at four week intervals for Basic and Additional
Services rendered. The charge on account of the fixed fee will be based upon ENGINEER's
estimate of the proportion of the total services actually completed at the time of billing.
OWNER shall make prompt monthly payments in response to ENGINEER's monthly
statements.
Other Provisions Concerning Payments.
5.3.1. If OWNER fails to make any payment due ENGINEER for services within thirty
days after receipt of ENGINEER's statement therefor, the amounts due ENGINEER will be
increased at the rate of 1% per month from said thirtieth day, and in addition, ENGINEER
may, after giving thirty days written notice to OWNER, suspend services under this
Agreement until ENGINEER has been paid in full all amounts due for services, expenses
and charges.
5.3.2. In the event of termination by OWNER under paragraph 7.1 upon the completion of
any phase of the Basic Services, progress payments due ENGINEER for services rendered
through such phase shall constitute total payment for such services. In the event of such
termination by OWNER during any phase of the Basic Services, ENGINEER also will be
reimbursed for the charges of independent professional associates and consultants employed
by ENGINEER to render Basic Services, and paid for services rendered during that phase
on the basis of ENGINEER's Direct Labor Costs, plus Reimbursable Expenses, plus Direct
Labor Costs times a factor of the overhead rate plus a fee of 15 percent of all costs for
services rendered during that phase to date of termination by ENGINEER's principals and
employees engaged directly on the Project. In the event of any such termination,
ENGINEER will be paid for all unpaid Additional Services.
5.3.3. Records of ENGINEER's Direct Labor Costs pertinent to ENGINEER's compensa-
tion under this Agreement will be kept in accordance with generally accepted accounting
practices. Copies will be made available to OWNER on request.
5.4. Definitions.
5.4.1. Direct Labor Costs used as a basis for payment mean salaries and wages, basic and
incentive, paid to all ENGINEER's personnel engaged directly on the Project, including, but
not limited to, engineers, surveyors, designers, draftsmen, specification writers, estimators,
other technical and business personnel; and includes indirect payroll related costs or fringe
benefits.
Page 8 of 12
5.4.2. Reimbursable Expenses mean the actual expenses incurred by ENGINEER or
ENGINEER's independent professional associates or consultants, directly or indirectly in
connection with the Project, such as expenses for: transportation and subsistence incidental
thereto; toll telephone calls and telegrams; 'reproduction of reports, Drawings, Specifica-
tions, expenses incurred for computer time and other highly specialized equipment, and
similar project-related items in addition to those required under Section 1.
SECTION 6 - CONSTRUCTION COST AND OPINIONS OF COST
6.1. Construction Cost.
6.1.1. The construction cost of the entire Project (herein referred to as "Construction Cost")
means the total cost to OWNER of the portions of the entire Project designed and specified
by ENGINEER, but it will not include ENGINEER's compensation and expenses, the cost
of land, rights-of-way, or compensation for or damages to, properties unless this Agreement
so specifies, nor will it include OWNER's legal, accounting, insurance counseling or
auditing services, or interest and f'mancing charges incurred in connection with the Project
or the cost of other services to be provided by others to OWNER pursuant to paragraphs 3.6
and 3.7.
6.2. Opinions of Cost.
6.2.1. Since ENGINEER has no control over the cost of labor, materials, equipment or
services furnished by others, or over the Contractor(s)' methods of determining prices, or
over competitive bidding or market conditions, ENGINEER's opinion of probable
Construction Cost provided for herein are to be made on the basis of ENGINEER's
experience and qualifications and represent ENGINEER's best judgment as an experienced
and qualified professional engineer, familiar with the construction industry; but ENGINEER
cannot and does not guarantee that proposals, bids or actual Total Project or Construction
Costs will not vary from opinions of probable cost prepared by ENGINEER. If prior to the
Bidding or Negotiating Phase, OWNER wishes greater assurance as to Total Project or
Construction Costs, OWNER shall employ an independent cost estimator as provided in
paragraph 3.7.
Page 9 of 12
SECTION 7 - GENERAL CONSIDERATION
7.1. Termination.
7.1.1. The obligation to provide further services under this Agreement may be terminated
by either party upon thirty days' written notice in the event of substantial failure by the other
party to perform in accordance with the terms hereof through no fault of the terminating
party.
7.2. Reuse of Documents.
7.2.1. All documents including Drawings and Specifications prepared or furnished by
ENGINEER (and ENGINEER's independent professional associates and consultants)
pursuant to this Agreement are instruments of service in respect of the Project and
ENGINEER shall retain an ownership and property interest therein whether or not the
Project is completed. OWNER may make and retain copies for information and reference
in connection with the use and occupancy of the Project by OWNER and others; however,
such documents are not intended or represented to be suitable for reuse by OWNER or
others on extensions of the Project or on any other project. Any reuse without written
verification or adaptation by ENGINEER for the specific purpose intended will be at
OWNER's sole risk and without liability or legal exposure to ENGINEER, or to
ENGINEER's independent professional associates or consultants, and OWNER shall
indemnify and hold harmless ENGINEER and ENGINEER's independent professional
associates and consultants from all claims, damages, losses and expenses including attorneys'
fees arising out of or resulting therefrom. Any such verification or adaptation will entitle
ENGINEER to further compensation at rates to be agreed upon by OWNER and
ENGINEER.
7.3. Insurance.
7.3.1. ENGINEER shall procure and maintain insurance for protection from claims under
workers' compensation acts, claims for damages because of bodily injury including personal
injury, sickness or disease or death of any and all employees or of any person other than
such employees, and from claims or damages because of injury to or destruction of property
including loss of use resulting therefrom.
7.4. Controlling Law.
7.4.1. This Agreement is to be governed by the law of the State of Kansas.
Page 10 of 12
7.5.. Successors and Assigns.
7.5.1. OWNER and ENGINEER each is hereby bound and the partners, successors,
executors, administrators and legal representatives of OWNER and ENGINEER (and to the
extent permitted by paragraph 7.5.2 the assigns of OWNER and ENGINEER) are hereby
bound to the other party to this Agreement and to the panners, successors, executors,
administrators and legal representatives (and said assigns) of such other party, in respect of
all covenants, agreements and obligations of this Agreement.
7.5.2. Neither OWNER nor ENGINEER shall assign, sublet or transfer any rights under
or interest in (including, but without limitation, moneys that may become due or moneys that
are due) this Agreement without the written consent of the other, except to the extent that
any assignment, subletting or transfer is mandated by law or the effect of this limitation may
be restricted by law. Unless specifically stated to the contrary in any written consent to an
assignment, no assignment will release or discharge the assignor from any duty or
responsibility under this Agreement. Nothing contained in this paragraph shall prevent
ENGINEER from employing such independent professional associates and consultants as
ENGINEER may deem appropriate to assist in the performance of services hereunder.
7.5.3. Nothing under this Agreement shall be construed to give any rights or benefits in this
Agreement to anyone other than OWNER and ENGINEER, and all duties and responsibili-
ties undertaken pursuant to this Agreement will be for the sole and exclusive benefit of
OWNER and ENGINEER and not for the benefit of any other party.
This Agreement (consisting of pages 1 to 12, inclusive) constitutes the entire agreement between
OWNER and ENGINEER and supersedes all prior written or oral understandings. This
Agreement may only be amended, supplemented, modified or canceled by a duly executed written
instrument.
Page 11 of 12
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the
day and year first above written.
OWNER ENGINEER
City of Salina, Kansas
Recommended By:
Wilson & Company
Engineers & Architects
1700 E. Iron Avenue
Salina, Kansas 67401
Title: Director of Engineering & Utilities
Ronald L. Chandler, Manager
By:
Title:
Attest:
By:
Title:
Page 12 of 12
Sheet1
SAUNA S. NINTH ST.
CONCEPT PHASE
FEE SUMMARY
May 28, 1997
RLC
Desc, ripti0n/Task Manhours Labor Fee Expense Total Fees
Surveys I 521i $23,917 $4,215 $28,132
Traffic Analysis 372 $24,648 $1,690 $26,338
Concept Design 1,060 $63,466 $2,420 $65,886
Landscaping Concepts (Wilson-DamelI-Mann) $7,160 $7,160
Geotechnical (Terracon) $3,300 $3,300
Total concept, Phase 1953 $112,031 $18,785 $130,816..
Page I
Sheet1
SAUNA S. NINTH ST. COST DATA
SURVEYING AND MAPPING P-8 $53.75 OP-6 $24.80 OH 1.05
~:EEWORK.UP FS-5 $23.95 OP-3 $ 17.70 PROF 0.15
May 28,1997 FS-3 $15.65
RLC FS-2 $13.15
LABOR COSTS:
Direct Total
Total Labor OH Labor
# Deecrlption I Task P4 Fs-6 FS4 FS.2 OP4 OP.3 0 0 Hr. Cost Cost Profit Fee,
1 Survey Alignmt, Baselns, Prop Ties 2 40 40 40 122 2218 2328 682 5228
2 BMs, Pvmt Prof & X-Secs 34 30 30 94 1678 1762 516 3957
3 Field Topo~Utilities 38 36 36 110 1947 204; 5~9 . 4590
4 Photo Control Sv~s 2 14 12 12 3 43 863 906 265 2034
5 Svy computations, documentn 44 44 1054 1106 324 2,~4
6 Stereo Compiltn, CAD 2 3 54 49 108 2386 2505 734 5625
Total Labor Costs 6 173 118 118 57 49 0 0 521 10145 10652 3120 23917
EXPENSE COSTS:
Total
~-- Unit 'Expense
~_ Item I Description # Cost Cost
Survey Vehicle (mi) 425 0.50 212.5
~.__ Supplies & Materials 1: 240.00 24C
Aedal Phot~mphy 1' 2040.00 204C
.... CAD Equipme~ (hr) 123 14.00 1722
Total Ex~=eneea , 4215
TOTAL FEES:
Total
_ Item; ~,F~on cost
Total Direct Labor Cost 10145
Total OH Cost 1065;
Total Direct Expense Cost 4215
---- Total Prof'~ 312~
Total Fee I 28152
Page 1
Sheet1
SAUNA S. NINTH ST. COST DATA
TRAFFIC ANALYSIS & REPORT ;'-8 $53.75 PD-1 $1'g.4~) OH'
FEEWORK-UP P-5 "1.25 OD-4 $ 15.~0 PROF 0.15
May 28,1,97P-4 $26.g0 OD-3 $ 12.50
RLC IP-2 $20.30 OA-,.3 $ 12.90
LABOR COSTS:
Direct To~al
Total Labor OH Labor
# Deecrlpflon I Task P-8 P-~ P4, P-2 PD-1 OD.4 OD-3 OA-3 Hrs Cost Cost Profit Fee
1 Data Collection Traffic Counts 4 16 12 12 44 1028 1080 316 2424
2 TMODEL Setupr Calibration 4 24 28 861 904 265 2029
3 ,Traffic F.orecasts, Safety Evaluation,, 4 8 12 24 788 827 242 1857
4 Design Alternatives 4 12: 24 16 56 1388 1457 427 3271
5 Signal Analysis, Warrants~ Altsm. 8 4: 24 24 8 68 1843 lg35 567 4345
6 Prelim Recommendations, Reviews 12 12 8 8 8 4 52 1567 1645 482 3694
7 Final Traffic Analysis. Documontn. 8 12: 4 8 32 1068 1121 328 2517
8 iDeSi~ln Report 12 16 12 8 12 8 68 1913 2009 588 4511
Total Labor Costs 56 6~1 100 48 60 20 12 12 372 10455 1(3978 3215 24648
EXPENSE COSTS:
' ' Toa
Unit Expense
Company Vehic~ (mi) 100 0.~
Supplies & Materials 1 500.0~ '
Photolab 1 250.0(] 25C
Printin{~ , 1 900.~
Total Expenses 1
TOTAL FEES:
'Total
Item I DeecHptlon Cost
r'o~al Direct Labor Cost 10455
Total OH Cost 10978
To~al Direct Expense Cost 1690
To~al Pmflt 3215
Total Fee I 26338
Page 1
Sheet1
SALINA $. NINTH sT. COST DATA '
CONCEPT DE$1GN PHASE IP-8 $53.~5 P-2 $20.30 OD-4 ~ $ 15.60 OH 1.05
FEEWORK-UP P-6 $35.00 PD-2 $ 23.10 OD-3 $ 12.50 PROF 0.15
Ma¥28,1997P. 5 $31.25 PD-1 $ 19.40 OA-3 $ 12.90
RLC !P-4 $26.90 OD-5 $ 22.50
LABOR COSTS:
Direct Total
Total Labor OH Labor
# Description I Task P-8 P-~ P-5 P-4 P-2 PD-2 PD.1 OD-5 OD-4 OD-3 OA-3 Hrs Cost Cost Profit Fee
1 Base sheets~ P&P&Xsec 4 (] 16 4 60 92 1540 1617 474 3631
2 Prel Layouts, 2-3 Altem 8 40 24 48 40 16 24 8 48 256 6447 6770 1983 15199
3 Prof Gr.ades~ Typ Secs 4 24 1(] 40 24 20 8 4 40 180 444S 4672 1368 10489
4 Drainage 8 12 4 16 40 16 96 2417 2538 743 5699
5 Pavement Des Altem 4 16 24 8 52 1521 1597 468 3585
6 Signalization 8 16 24 8 4 60 2015 2116 620 4750
7 Constrctn Sequencing 4 16 8 16 44 120S 1270 372 2851
8 Prel Quant, Estimates 4 16 40 40 16 16 132 3173 3332 976 7481
9 Report, Presentations 16 40 40 8 24 20 148 4148 4356 1276 9780
Total Labor Costs 56 184 7(] 208 144 52 64 28 128 100 20 0 1060 26921 28267.05 8278.208 63466.26
EXPENSE COSTS:
Total
Unit Expense
Itam I Description # Cost Cost
Company Vehicle (miI 100 0.40 4~
Suppties & Materials 1 250.05 25~
CAD Equipment (hr) 120 i4.00 168~
Photolab 1 150.00 15~
Printing 1 30000 30~
Total Expenses 2420
TOTAL FEES:
Total
Item I Description , Cost
total Direct Labor Cost 26921
Total OH Cost 28267
Total Direct Expense Cost 2420
Total Profit 8278
Total Fee 65886
Page 1
STANDARD FORM OF AGREEMENT
BETWEEN
OWNER AND ENGINEER
FOR
PROFESSIONAL SERVICES
THIS IS AN AGREEMENT, made as of , 19 , between the City of Salina,
Kansas (OWNER) and Wilson & Company, Engineers & Architects, 1700 East Iron Avenue,
Salina, Kansas, (ENGINEER). OWNER intends to replace the bridge over Dry Creek on
Schilling Road, directly west of Interstate 135~ The limits of the project can generally be
described from the west side of the Schilling Road/Marcella Drive intersection west approximately
0.2 miles. The project will be administered through the Kansas Department of Transportation
(KDOT), and all services by the ENGINEER will be in conformance to their requirements. The
project is expected to require surveying, roadway and bridge design services and include
preparation of construction plans in metric units including bridge, roadway, surfacing, traffic
control and pavement marking. Shoofly detour design is not included in the services to be
provided by the ENGINEER. OWNER and ENGINEER in consideration of their mutual
covenants herein agree in respect to the performance of professional engineering services by
ENGINEER and the payment for those services by OWNER as set forth below.
SECTION 1 - BASIC SERVICES OF ENGINEER
1.1. General.
1.1.1. ENGINEER shall provide for OWNER professional engineering, surveying, and
geotechnical services for planning, design, and construction phase services.
1.2. Study Phase. Not used.
1.3. Preliminary Design Phase. Upon notification by OWNER, perform all necessary field
surveys, measurements, and geotechnical investigations required for completion of the Preliminary
and Final Design Phases of the project. Complete preliminary design of the project to a level
sufficient for preparation and submittal of Field Check plans to the OWNER and KDOT, Bureau
of Local Projects, for field review. The Preliminary Design Phase shall be completed and Field
Check plans submitted within 150 calendar days after authorization to proceed.
1.4. Final Design Phase. After completion of a field review of the project, incorporate the
review comments and decisions and prepare Office Check and Final Plans for submittal to the
OWNER and KDOT. The Final Design Phase of the project shall be completed and Final plans
Page 1 of 11
submitted in accordance with the project schedule to be developed after completion of the
Preliminary Design Phase.
1.5. Post Design Services. Scope and fee to be negotiated at a later date by Supplemental
Agreement. If requested by OWNER, review shop drawings prepared and submitted by the
CONTRACTOR for conformance to the requirements of the Drawings and Specifications.
1.6. Construction-Related Engineering Services. Scope and fee to be negotiated at a later date
by a Supplemental Agreement if these services are requested by the OWNER.
1.7. Resident Project Representative Services. Scope and fee to be negotiated at a later date
by a Supplemental Agreement if these services are requested by the OWNER.
SECTION 2 - ADDITIONAL SERVICES OF ENGINEER
2.1. Services Requiring Authorization in Advance.
If authorized in writing by OWNER, ENGINEER shall furnish or obtain from others AdditiOnal
Services of the types listed in paragraphs 2.1.1 through 2.1.8, inclusive. These services are not
included as part of Basic Services. These Additional Services will be paid for by OWNER as
indicated in Section 5.
2.1.1. Services to make measured drawings of or to investigate existing conditions or
facilities, or to verify the accuracy of drawings or other information furnished by OWNER.
2.1.2. Services resulting from significant changes in the general scope, extent or character
of the Project or its design including, but not limited to, changes in size, complexity,
OWNER's schedule, character of construction or method of financing; and revising
previously accepted studies, reports, design documents or Contract Documents when such
revisions are required by changes in laws, rules, regulations, ordinances, codes or orders
enacted subsequent to the preparation of such studies, reports or documents, or are due to
any other causes beyond ENGINEER's control.
2.1.3. Investigations and studies involving, but not limited to, detailed consideration of
operations, maintenance and overhead expenses; providing value engineering during the
course of design; the preparation of feasibility studies, cash flow and economic evaluations,
rate schedules and appraisals; assistance in obtaining financing for the Project; evaluating
processes available for licensing and assisting OWNER in obtaining process licensing;
detailed quantity surveys of material, equipment and labor; and audits or inventories
required in connection with construction performed by OWNER.
Page 2 of 11
2.1.4. Furnishing services of independent professional associates and consultants for other.
than Basic Services for customary civil engineering, surveying, and geotechnical design; and
providing data or services of the types described in paragraph 3.4 when OWNER employs
ENGINEER to provide such data or services in lieu of furnishing the same in accordance
with paragraph 3.4.
2.1.5. Services during out-of-town travel required of ENGINEER other than visits to the
site or OWNER's office as required by Section 1.
2.1.6. Providing any type of engineering surveys and staking to enable Contractor(s) to
proceed with their work; and providing other special field surveys.
2.1.7. Preparing to serve or serving as a consultant or witness for OWNER in any
litigation, arbitration or other legal or administrative proceeding involving the Project.
2.1.8. Additional services in connection with the Project, including services which are to
be furnished by OWNER in accordance with Section 3, and services not otherwise provided
for in this Agreement.
2.2. Required Additional Services. Not Used.
SECTION 3 - OWNER'S RESPONSIBILITIES
OWNER shall do the following in a timely manner so as not to delay the services of ENGINEER:
3.1. Designate a person to act as OWNER's representative with respect to the services to be
rendered under this Agreement. Such person shall have complete authority to transmit
instructions, receive information, interpret and define OWNER's policies and decisions with
respect to ENGINEER's services for the Project.
3.2. Provide all criteria and full information as to OWNER's requirements for the Project,
including design objectives and constraints, space, capacity and performance requirements,
flexibility and expandability, and any budgetary limitations; and furnish copies of all design and
construction standards which OWNER will require to be included in the Drawings and
Specifications.
3.3. Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent
to the Project, including previous reports and any other data relative to design or construction of
the Project.
Page 3 of 11
3.4. Furnish to ENGINEER, as required for performance of ENGINEER's Basic Services the
following:
3.4.1. Other special data or consultations not covered in Section 2;
all of which ENGINEER may use and rely upon in performing services under this Agreement.
3.5. Arrange for access to and make all provisions for ENGINEER to enter upon public and
private property as required for ENGINEER to perform services under this Agreement.
3.6. Examine all studies, reports, sketches, Drawings, Specifications, proposals and other
documents presented by ENGINEER, obtain advice of an attorney, insurance counselor and other
consultants as OWNER deems appropriate for such examination and render in writing decisions
pertaining thereto within a reasonable time so as not to delay the services of ENGINEER.
3.7. Provide such accounting, independent cost estimating and insurance counseling services as
may be required for the Project, such legal services as OWNER may require or ENGINEER may
reasonably request with regard to legal issues pertaining to the Project.
3.8. Furnish to ENGINEER data or estimated figures as to OWNER's anticipated costs for
services to be provided by others for OWNER so that ENGINEER may make the necessary
findings to support opinions of probable Total Project Costs,
3.9. Give prompt written notice to ENGINEER whenever OWNER observes or otherwise
becomes aware of any development that affects the scope or timing of ENGINEER's services.
3.10. Furnish, or direct ENGINEER to provide, Additional services as stipulated in paragraph
2.1 of this Agreement or other services as required.
3.11. Bear all costs inciden~ to compliance with the requirements of this Section 3.
SECTION 4 - PERIODS OF SERVICE
4.1. The provisions of this Section 4 and the various rates of compensation for ENGINEER's
services provided for elsewhere in this Agreement have been agreed to in anticipation of the
orderly and continuous progress of the Project through completion of the Final Design Phase.
ENGINEER's obligation to render services hereunder will extend for a period which may
reasonably be required. If specific periods of time for rendering services are set forth or specific
dates by which services are to be completed are provided and if such dates are exceeded through
no fault of ENGINEER, all rates, measures and amounts of compensation provided herein shall
be subject to equitable adjustment.
Page 4 of 11
4.2. The services called for in the Preliminary and Final Phases will be completed within the
stipulated periods indicated in paragraphs 1.3 and 1.4 after written authorization to proceed with
that phase of services which will be given by OWNER within thirty (30) days after ENGINEER
has signed this Agreement.
4.3. The periods of service for the professional engineering services called for in paragraphs 1.5
through 1.7 shall be negotiated at a later date by Supplemental Agreement.
SECTION 5 - PAYMENTS TO ENGINEER, COST PLUS A FIXED FEE METHOD OF
PAYMENT
5.1. Methods of Payment for Services and Expenses of ENGINEER.
5.1.1. For Basic Services. OWNER shall pay ENGINEER for Basic Services rendered
under Section 1 as follows:
5.1.1.1. Fee and Method of Payment. For the services described herein, the OWNER
agrees to pay the ENGINEER on a cost plus fixed fee basis. The ESTIMATED TOTAL
PAYMENT shown below shall not be exceeded without authorization by the OWNER.
Payments for the ENGINEER's costs shall be based on actual costs incurred in providing
the services described. However, the fixed fee shall be exactly the amount stated below
unless revisions are made by supplemental agreement to the Scope of Services, in which
case, the amount of the fixed fee and the estimated cost payable to the ENGINEER shall
be revised accordingly. Payments shall compensate the ENGINEER for all direct labor
costs, reimbursable expenses, overhead rate (currently at 1.05), fixed fee and all other
direct costs in providing the services. TOTAL PAYMENT to the ENGINEER for the
services described is estimated to be as follows:
Project Estimated Fixed Estimated Cost
Description Cost Fee Plus Fixed Fee
Field Surveys $8,070 $1,362 $9,432
Preliminary Design Phase
25,787 3,566 29,353
Final Design Phase
21,098 2,918 24,016
Total $54,955 $7,846 $62,801
Page 5 o£11
5.1.1.2. Notice of Relationship of Payments to Estimated Total Compensation. If it
becomes apparent to ENGINEER at any time before Basic Services to be rendered
under this Agreement have been about eighty percent completed that the total amount
of compensation to be paid to ENGINEER on account of Basic Services pursuant to
paragraph 5.1.1.1 will exceed the ESTIMATED TOTAL PAYMENT indicated above
(which figures are ENGINEER's estimates of the amounts that will become payable
for such services), ENGINEER shall give OWNER written notice thereof. Promptly
thereafter OWNER and ENGINEER shall review the matter of compensation for such
Basic Services, and either OWNER shall accede to such compensation exceeding said
estimated amounts or OWNER and ENGINEER shall agree to a reduction in the
remaining services to be rendered by ENGINEER under this Agreement so that total
compensation for such Basic Services will not exceed such estimated amounts when
such services are completed.
5.1.2. Additional Services. OWNER shall pay ENGINEER for Additional Services
rendered under Section 2 as follows:
5.1.2.1. General. For Additional Services of ENGINEER's principals and employees
engaged directly on the Project and rendered pursuant to paragraph 2.1 (except services
as a consultant or witness under paragraph 2.1.8), on the basis of ENGINEER's
Director Labor Costs, plus Reimbursable Expenses, plus Direct Labor Costs times a
factor of 1.05 plus a fixed fee of 15 percent of all costs.
5.1.2.2. Professional Associates and Consultants. For services and Reimbursable
Expenses of independent professional associates and consultants employed by
ENGINEER to render Additional Services pursuant to paragraph 2.1, the amount billed
to ENGINEER.
5.1.2.3. Serving as a Wimess. For services rendered by ENGINEER's principals and
employees as consultants or witnesses in any litigation, arbitration or other legal or
administrative proceeding in accordance with paragraph 2.1.8, at the rate of $120.00
per hour for principals and $80.00 per hour for employees or any portion thereof, plus
Reimbursable Expenses (but compensation for time spent in preparing to appear in any
such litigation, arbitration or proceeding will be on the basis provided in paragraph
5.1.2.1). Compensation for ENGINEER's independent professional associates and
consultants will be on the basis provided in paragraph 5.1.2.2.
5.1.3. The terms "Direct Labor Costs" and "Reimbursable Expenses" have the meanings
assigned to them in paragraph 5.4.
Page 6 of 11
5.3.
Times of Payments.
5.2.1. ENGINEER shall submit statements at four week intervals for Basic and Additional
Services rendered. The charge on account of the fixed fee will be based upon ENGINEER's
estimate of the proportion of the total services actually completed at the time of billing.
OWNER shall make prompt monthly payments in response to ENGINEER's monthly
statements.
Other Provisions Concerning Payments.
5.3.1. If OWNER fails to make any payment due ENGINEER for services within thirty
days after receipt of ENGINEER's statement therefor, the amounts due ENGINEER will be
increased at the rate of 1% per month from said thirtieth day, and in addition, ENGINEER
may, after giving thirty days written notice to OWNER, suspend services under this
Agreement until ENGINEER has been paid in full all amounts due for services, expenses
and charges.
5.3.2. In the event of termination by OWNER under paragraph 7.1 upon the completion of
any phase of the Basic Services, progress payments due ENGINEER for services rendered
through such phase shall constitute total payment for such services. In the event of such
termination by OWNER during any phase of the Basic Services, ENGINEER also will be
reimbursed for the charges of independent professional associates and consultants employed
by ENGINEER to render Basic Services, and paid for services rendered during that phase
on the basis of ENGINEER's Direct Labor Costs, plus Reimbursable Expenses, plus Direct
Labor Costs times a factor of the overhead rate plus a fee of 15 percent of all costs for
services rendered during that phase to date of termination by ENGINEER's principals and
employees engaged directly on the Project. In the event of any such termination,
ENGINEER will be paid for all unpaid Additional Services.
5.3.3. Records of ENGINEER's Direct Labor Costs pertinent to ENGINEER's
compensation under this Agreement will be kept in accordance with generally accepted
accounting practices. Copies will be made available to OWNER on request.
5.4. Definitions.
5.4.1. Direct Labor Costs used as a basis for payment mean salaries and wages, basic and
incentive, paid to all ENGINEER's personnel engaged directly on the Project, including, but
not limited to, engineers, surveyors, designers, draftsmen, specification writers, estimators,
other technical and business personnel; and includes indirect payroll related costs or fringe
benefits.
Page 7 of 11
5.4.2. Reimbursable Expenses mean the actual expenses incurred by ENGINEER or
ENGINEER's independent professional associates or consultants, directly or indirectly in
connection with the Project, such as expenses for: transportation and subsistence incidental
thereto; toll telephone calls and telegrams; reproduction of reports, Drawings,
Specifications, expenses incurred for computer time and other highly specialized equipment,
and similar project-related items in addition to those required under Section 1.
SECTION 6 - CONSTRUCTION COST AND OPINIONS OF COST
6.1. Construction Cost.
6.1.1. The construction cost of the entire Project (herein referred to as "Construction Cost")
means the total cost to OWNER of the portions of the entire Project designed and specified
by ENGINEER, but it will not include ENGINEER's compensation and expenses, the cost
of land, rights-of-way, or compensation for or damages to, properties unless this Agreement
so specifies, nor will it include OWNER's legal, accounting, insurance counseling or
auditing services, or interest and financing charges incurred in connection with the Project
or the cost of other services to be provided by others to OWNER pursuant to paragraphs 3.6
and 3.7.
6.2. Opinions of Cost.
6.2.1. Since ENGINEER has no control over the cost of labor, materials, equipment or
services furnished by others, or over the Contractor(s)' methods of determining prices, or
over competitive bidding or market conditions, ENGINEER's opinion of probable
Construction Cost provided for herein are to be made on the basis of ENGINEER's
experience and qualifications and represent ENGINEER's best judgment as an experienced
and qualified professional engineer, familiar with the construction industry; but ENGINEER
cannot and does not guarantee that proposals, bids or actual Total Project or Construction
Costs will not vary from opinions of probable cost prepared by ENGINEER. If prior to the
Bidding or Negotiating Phase, OWNER wishes greater assurance as to Total Project or
Construction Costs, OWNER shall employ an independent cost estimator as provided in
paragraph 3.7.
Page 8 of 11
SECTION 7 - GENERAL CONSIDERATION
7.1. Termination.
7.1.1. The obligation to provide further services under this Agreement may be terminated
by either party upon thirty days' written notice in the event of substantial failure by the other
party to perform in accordance with the terms hereof through no fault of the terminating
party.
7.2. Reuse of Documents.
7.2.1. All documents including Drawings and Specifications prepared or furnished by
ENGINEER (and ENGINEER's independent professional associates and consultants)
pursuant to this Agreement are instruments of service in respect of the Project and
ENGINEER shall retain an ownership and property interest therein whether or not the
Project is completed. OWNER may make and retain copies for information and reference
in connection with the use and occupancy of the Project by OWNER and others; however,
such documents are not intended or represented to be suitable for reuse by OWNER or
others on extensions of the Project or on any other project. Any reuse without written
verification or adaptation by ENGINEER for the specific purpose intended will be at
OWNER's sole risk and without liability or legal exposure to ENGINEER, or to
ENGINEER's independent professional associates or consultants, and OWNER shall
indemnify and hold harmless ENGINEER and ENGINEER's independent professional
associates and consultants from all claims, damages, losses and expenses including attorneys'
fees arising out of or resulting therefrom. Any such verification or adaptation will entitle
ENGINEER to further compensation at rates to be agreed upon by OWNER and
ENGINEER.
7.3. Insurance.
7.3.1. ENGINEER shall procure and maintain insurance for protection from claims under
workers' compensation acts, claims for damages because of bodily injury including personal
injury, sickness or disease or death of any and all employees or of any person other than
such employees, and from claims or damages because of injury to or destruction of property
including loss of use resulting therefrom.
7.4. Controlling Law.
7.4.1. This Agreement is to be governed by the law of the State of Kansas.
Page 9 of 11
7,5. Successors and Assigns.
7.5.1. OWNER and ENGINEER each is hereby bound and the partners, successors,
executors, administrators and legal representatives of OWNER and ENGINEER (and to the
extent permitted by paragraph 7.5.2 the assigns of OWNER and ENGINEER) are hereby
bound to the other party to this Agreement and to the parmers, successors, executors,
administrators and legal representatives (and said assigns) of such other party, in respect of
all covenants, agreements and obligations of this Agreement.
7.5.2. Neither OWNER nor ENGINEER shall assign, sublet or transfer any rights under
or interest in (including, but without limitation, moneys that may become due or moneys that
are due) this Agreement without the written consent of the other, except to the extent that
any assignment, subletting or transfer is mandated by law or the effect of this limitation may
be restricted by law. Unless specifically stated to the contrary in any written consent to an
assignment, no assignment will release or discharge the assignor from any duty or
responsibility under this Agreement. Nothing contained in this paragraph shall prevent
ENGINEER from employing such independent professional associates and consultants as
ENGINEER may deem appropriate to assist in the performance of services hereunder.
7.5.3. Nothing under this Agreement shall be construed to give any rights or benefits in this
Agreement to anyone other than OWNER and ENGINEER, and all duties and
responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive
benefit of OWNER and ENGINEER and not for the benefit of any other party.
This Agreement (consisting of pages 1 to 11, inclusive) constitutes the entire agreement between
OWNER and ENGINEER and supersedes all prior written or oral understandings. This
Agreement may only be amended, supplemented, modified or canceled by a duly executed written
instrument.
Page 10 of 11
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the
day and year first above written.
OWNER ENGINEER
City of Salina, Kansas
Recommended By:
Wilson & Company
Engineers & Architects
1700 E. Iron Avenue
Salina, Kansas 67401
Title:
Director of Engineering & Utilities
Ronald L. Chandler, Manager
By:
Title:
Attest:
By:
Title:
Page 11 of 11
SAUNA - SCHILLING ROAD BRIDGE PROJECT
SURVEYING
6111197
TM EISENBRAUN
LABOR COSTS: SURVEYING
cription I Task
131 - Field Surveys
P-8 FS-3
2 77 55
COST DATA
P-8 $53.75 OP-4 $17.75 OH 1.05
ES-5 $23.95 PROF 0.1765
~S-3 $15.65
FS-2 $13.15
=OP-6 $24.80 (15%)
OP~ OP~
2 10
Direct Total
Total Labor OH Labor
Hrs Cost Cost Fee
EXPENSE COSTS: SURVEYING
Total
Unit Expense,
Item I Description No. Cost Cost
Survey Vehicle (mi) 100 $0.50 $50
Computer Services
CADD Charges (hrs) 14 $14 $196
P;oUer (50 shts x 3 times) 4 $10 $40
Miscellaneous L.S. $70 $70
, To;a; Direct Expense Cost I I5356
P~o~t on Expenses (N/A) 0.0000 $0
Total Expenses J I J $356
TOTAL FEES: SURVEYING
Total
Item I Description Cost
Total Direct Labor Cost $37763
Total OH Cost $3~95i
Total Direct Expense Cost $356
Total Profit $1,362
Total Feel I $9,432
SAUNA - SCHILLING ROAD BRIDGE PROJECT
ROADWAY AND BRIDGE DESIGN SERVICES
6111/97
TM EISENBRAUN
LABOR COSTS: DESIGN
COST DATA
P-8 $53.75 DD-3/4 $14.05 OH 1.05
P-6 $35.00 DA-3 $12.50 PROF 0.1765
P-5 $25.50
P-2/4 $23.60
PD-1/2 $21.25 (15%}
Task
EXPENSE COSTS: DESIGN
Total
Unit Expense
Item I Description No. Cost Cost
Company Vehicle (rn) 80 $0.40 $32
~nia Prints (9. It.) 3,130 $0.12 $376
Cumpdter Services
CADD Charges (hr=) 244 $14 $3,416
F~clter (50 shts x 3 times) 150 $10 $1,500
Postage Costs
Submittals 3 $35 $105
Fax COsts 12 $1.50 $18
Geotachnical Sewices L.S. $4,700 $4,700
Miscellaneous $0
Total Direct Expense Cost
I I o."=1
$0
Total Expenses I I I $10,147
TOTAL FEES: DESIGN
Total
Item I Description Cost
Total Direct Labor Cost $17,921
Total OH Cost $18,817
Total Direct Expense Cost $10,147
Total Profit $6,484
Total Fee I $63,369
AGREEMENT FOR ENGINEERING SERVICES
between the
City of Salina; Kansas
and
EARLES & RIGGS
Engineers, Planners, and Landscape Architects
Project No. 95-03
,1997, by and between City
THIS IS AN AGREEMENT made as of the __ day of
of Salina, Kansas, hereinafter called the CLIENT, and Earles & Riggs, Engineers, Planners, and Landscape
Architects, Lindsborg, Kansas, hereinafter called the CONSULTANT.
The CLIENT intends to prepare constmction plans and Specifications for the Cloud Street Bridge over Dry
Creek. This will be a KDOT Project and is referred to by specific item or items of work. i
The CLIENT and CONSULTANT, in consideration of their mutual covenants, herein agree to the
performance of professional engineering services by the CONSULTANT and the payment for those
services by the CLIENT, as more particularly set forth herein.
SECTION I - ENGINEERING SERVICES
The CONSULTANT will prepare bridge plans in accordance with an established work schedule, to include
the following specific items:
SITE SURVEY
The project location will be surveyed to document existing conditions, including structured details of the
existing bridge and approaches. Right-of-way conditions will be noted together with details and elevations
of the Old Smoky Hill River channel and associated items of construction. A base map of the site, with
elevations referred to USGS Sea Level Datum, will be prepared at an appropriate scale to allow graphic
presentation of bridge construction information.
BRIDGE DESIGN
Construction plans for the identified bridge improvement will be prepared according to KDOT design
standards. General aspects of this process will include:
· Analysis of right-of-way, stream flowages, flood elevations and adjoining roadway
characteristics.
· Prepare and submit required KDOT documentation
· Provide geotechnical data including subsurface soils information as necessary for the bridge
design process.
Design of bridge abutments, piers, deck, rails and approaches as necessary to comply with
appropriate safety and design standards.
City of Salina, Kanas
Agreement for Engineering Services
Cloud Street Bridge
Design of traffic control devices to include both temporary measures during the period of
construction as well as permanent improvements to be incorporated into the permanent bridge
structure and approaches
Submit field check, preliminary and final plans to KDOT and CLIENT for approval.
Preparation of preliminary and final opinions of probable construction cost
· Provide construction inspection services - (optional)
Construction plans will be prepared utilizing metric notations and values in compliance with KDOT
standards.
MEETINGS.
In order to pre'sent and explain the findings of the alternative assessment procedures and the bridge design
process, and to receive review and guidance from the CLIENT, the CONSULTANT will attend up to four
(4) formal meetings with CLIENT officials and staffas part of the service contract. Additional meetings as
desired can be negotiated as needed.
In addition to the specific working meetings, the CONSULTANT, during the course of the engineering
contract, will maintain continuous contact through informal meetings with CLIENT officials, CLIENT
staff, and members of the private sector, as necessary, to assemble data and successfully complete the
contract. Such contact will not be by schedule, but will occur as appropriate at intervals throughout the
design program.
PRINTING
During the course of the bridge design project, all materials to be completed as part of the contract will be
prepared in preliminary format for review and decision by CLIENT officials and staff prior to preparation
of final documents. Preliminary and final materials will be printed in the following quantities:
· Preliminary bridge Four (4) copies
· Final construction plans Four (4) copies
SECTION II - CLIENT Responsibility
The CLIENT agrees to provide existing information as to CONSULTANT'S requirements for each study
described herein and shall assist by placing at his disposal all available information pertinent to these
studies including previous reports and any other data relative to any items of the bridge design project.
The CLIENT agrees to provide any right-of-way requirements for the project.
SECTION III - Period of Service
The service provided herein shall be complete within six (6) months from the notice-to-proceed provided
thht all information under Section II of this Agreement is furnished by the CLIENT.
In the event that a time extension is required it shall be agreed to in writing by the Parties to this Agreement.
City of Salina, Kanas
Agreement for Engineering Services
Cloud Street Bridge
SECTION IV o Fee and Method of Payment
Based on the scope of professional services described above, the overall project cost is made on the basis of
the consultant's actual cost plus a net fee amount of $2,486.14. Actual costs will be based on hourly rates
of $59.00 per hour for professional~time and $27.00 per hour for technician time. The upper limit of
compensation for work detailed will be $26,630.39.
Payments shall be made to the CONSULTANT on the basis of monthly progress reports representing
percent complete of each specified work item.
SECTION V - Optional Post Design Services
The CONSULTANT will provide post design services including construction inspection and other related
services at the option of the CLIENT.
in the event post design services are needed, a del'reed scope of work and associated fee schedule will be
negotiated at the time the services are required.
SECTION VI - Amendments
This Agreement constitutes the entire agreement between the parties and shall not be changed except upon
written mutual agreement between a Partner of CONSULTANT and a duly authorized representative of the
CLIENT.
SECTION VII - Consultant Assurances
The CONSULTANT agrees to comply with the following special covenants and to conform to all Federal,
State, and local laws:
A. DISCRIMINATION
The CONSULTANT, in performing the work or services required pursuant to this Agreement, shall not
discriminate against any person, employee, or applicant for employment because of race, color, sex,
religion, national origin, age, ancestry, or physical handicap in violation of any Federal or State law.
COVENANT AGAINST CONTINGENT FEES
The CONSULTANT warrants that it has not:
(1) Employed or retained any company or person, other than a bona fide employee working for the
CONSULTANT to solicit or secure this Agreement, or paid or agreed to pay any company or
person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or
any other consideration, contingent upon or resulting fi.om the award or making of this Agreement.
For breach or violation of this warranty, the CLIENT shall have the right to annul this Agreement
without liability, or in its discretion to deduct fi.om the Agreement price or consideration or
otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or
contingent fee,
(2) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the
services of any firm or person in connection with carrying out the services of any firm or person in
connection with carrying out the contract, or
City ofSalina, Kanas
Agreement for Engineering Services
Cloud Street Bridge
(3) Paid or agreed to pay to any firm, organization, or person (other than a bona fide employee
working solely for the above CONSULTANT) any fee, contribution, donation, or consideration of
any kind for or in connection with, procuring, or carrying out the contract; except as here expressly
stated: NONE.
SECTION VIII - Other Considerations
This agreement may be extended through fee negotiation to include any additional services performed by
the following reasons at any time in the future:
When directed by people fi.om your organization to perform services either by verbal or by written
instructions, which may or may not relate to the originally performed services, :and for which no other
specific contractual arrangements between our two organizations exist.
When subpoenaed by a litigant to make depositions or testify in any matter in which we have
performed services for you. These services include preparation and research, travel, court appearances,
and waiting at or in court at the request of any party to the proceedings or intended proceedings,
The right is reserved to the CLIENT to terminate this Agreement at any time, upQn written notice, in the
event that the project is abandoned or indef'mitely postponed, or because the services of the
CONSULTANT are unsatisfactory or the CONSULTANT fails to prosecute work with due diligence;
provided, however, that in any such case the CONSULTANT shall be paid the reasonable value of the
services rendered up to the time of termination as mutually agreed.
The CONSULTANT reserves the right to terminate this agreement by written notice for any specific
assignment whenever we believe that we cannot effectively serve you, when we have a conflict of interest,
or when we cannot, for other ethical reasons, act on your behalf.
If the terms herein are satisfactOry to you, would you please so indicate with the appropriate signature in the
space provided at the end of this letter. Please retain one copy for your files and return the other to
APPROVED BY:
CITY OF SALINA, KANSAS
By:
Title:
Date:
ATTEST:
Title:
Date:
EARLES &~I~GGS
Peter W. Earles, P.E.
Partner
n' W. Riggs,-R.L.A., P.I.C~. ~F
er
City of Salina, Kanas
Agreement for Engineering Services
Cloud Street Bridge
SUPPORTING DATA SHEET
FOR
ESTIMATE OF PRELIMINARY ENGINEERING FEE
PROJECT NO.: LOCATION: Salina, Kansas
JOB ITEM: Cloud Street Bridge : DATE: June 5, 1997
DESCRIPTION: Design
(I) DIRECT PAYROLL
POSITION TITLE - Engineering-
Design Engineer
Computer Technician
RATE
$24.5O
$11.00
.EST. HOURS
130
280
AMOUNT
$3,185
$3,080
TOTAL
(SUBTOTAL)
$3,185.00
$6,265.00
BHdge Hydraulic Report
Engineer
Clerical
$24.50
$8.75
50[$1,225[ $7,490.00 ]
18 $158 $7,647.50
10 J $245I $7,892.50
iGeotechnical Investigation
Engineer I $24.50
SUBTOTAL
!(11) SALARY RELATED AND GENERAL OVERHEAD (1.10) X (I)
$7,892.50
$8,681.75
(111) SUBTOTAL (I + II)
(IV.) NET FEE (15% Profit)
(V) DIRECT EXPENSES (TRAVEL, MATERIAL, ETC.) i
Surveying: 3-person Crew
Computer Technician
Vellums
Mylars
Blueprints
Geologist Services
Engineer
Drilling Crew
Testing
$16,574.25
$2,486.14
RATE UNITS AMOUNT
$75.00 30 $2,250.00 $2,250.00
$25.00 30 $750.00 $3,000.00
$3.00 16 $48.00 $3,048.00
$5.00 12 $60.00 $3,108.00
$1.00 144 $144.00 $3,252.00
$3,252.00
$65.00 30 $1,950.00 $5,202.00
$920.00 2 $1,840.00 $7,042.00
$88.00 6 $528.00 $7,570.00
.BTOTAL
(V~ C--~LUS A NET FEE (TOTALS FOR JOB ITEM III - IV - V)
$7,570.00
$26,630.39
STANDARD FORM OF AGREEMENT
BETWEEN
OWNER AND ENGINEER
FOR PROFESSIONAL SERVICES
THIS IS AN AGREEMENT, made as of ,1997, between the City of
Salina, Kansas (OWNER) and Kirkham, Michael & Associates, Inc., with an office at 308 North
Douglas, Ellsworth, Kansas, (ENGINEER). OWNER intends to install new traffic signals at the
intersections of South Ninth Street with Claflin Street, Walnut Street and Republic Street, install
dilemma-zone protection on the Broadway Boulevard approaches to the intersection with South
Street and install mast arms and new signal heads on the South Street approaches, and to install
dilemma-zone protection and protected left turn phasing on the Broadway Boulevard approaches.
The improvements (Project) covered by this Agreement shall include the engineering services
required to complete the field surveys, preliminary and final design, plan preparation, quantity
calculations and cost estimates for the proposed HES Intersection Improvements. OWNER and
ENGINEER in consideration of their mutual covenants herein agree in respect of the performance of
professional engineering services by ENGINEER and the payment for those services by OWNER as
set forth below.
SECTION 1 - BASIC SERVICES OF ENGINEER.
1.1. General
1.1.1. ENGINEER shall provide for OWNER professional engineering services in all the
phases of the Project to which this Agreement applies as hereinafter provided. These services will
include serving as OWNER's professional engineering representative for the Project, providing
professional engineering consultation and advice and furnishing customary civil engineering services.
The proposed schedule for this project is shown in Exhibit "A".
1.2. Study and Report Phase. After written authorization to proceed, ENGINEER shall:
1.2.1. Attend a total of three meetings throughout the course of the project. A kick-off
meeting shall be held prior to the traffic analysis and preliminary survey. The second meeting will be
to conduct the field check review of the preliminary plans with the OWNER and to receive approval
to begin final design. The final meeting is scheduled near the end of the final design phase to address
OWNER review comments prior to final plan preparation.
1.2.2. Advise OWNER as to the necessity of OWNER's providing or obtaining from others
data or services of the types described in paragraph 3.3, and assist OWNER in obtaining such data
and services.
1.2.3. Prepare a Report containing sketches and traffic engineering analysis with appropriate
exhibits to indicate clearly the considerations involved and the alternative solutions available to
OWNER and setting forth ENGINEER's findings and recommendations.
1.2.4. The duties and responsibilities of ENGINEER during the Study and Report Phase are
as follows:
S:W43\STENO\CONTRACTXSALINA3.KAA~wpd Page 1 of 1 1
A. Perform all necessary field surveys and measurements required for the
Preliminary and Final Design.
B. Coordinate necessary subsurface soil investigations with a geotechnical firm
pursuant to paragraph 3.4.
C. Prepare Study and Report phase documents. ENGINEER will perform an
analysis of alternative concepts to improve traffic operations through the intersections.
Services.
D. Life-cycle cost analysis of the three alternates is not included as part of Basic
E. At completion of the Study and Report Phase, ENGINEER shall furnish five
copies of the Study and Report documents and present and review them with the OWNER. The
Study and Report Phase shall be completed and the Report submitted within 42 calendar days
following written authorization from OWNER to ENGINEER to proceed with that phase of
services.
1.3. Preliminary Design Phase. Sufficient preliminary design shall be performed to show the plan
view of the signal layout, utility conflicts, proposed pavement geometrics, channelization, limits of
construction and any other relevant impacts. The ENGINEER shall prepare an estimate of quantities
and a statement of probable costs based on the preliminary design of the proposed improvements.
1.4. Final Design Phase. After written authorization to proceed with the Final Design Phase,
ENGINEER shall:
1.4.1. On the basis of the accepted preliminary design and the opinion of probable Total
Project Costs, prepare for incorporation in the Contract Documents final drawings to show the
general scope, extent and character of the work to be furnished and performed by Contractor(s)
(hereinafter called "Drawings") and Specifications (which will be prepared using KDOT and City
specifications).
1.4.2. Advise OWNER of any adjustments to the latest opinion of probable Total Project
Costs caused by changes in general scope, extent or character, or design requirements of the Project
or Construction Costs. Furnish to OWNER a revised opinion of probable Total Project Costs based
on the Drawings and Specifications.
1.4.3. The duties and responsibilities of ENGINEER during the Final Design Phase are as
follows:
alternate.
A. Prepare drawings and specifications based on recommended and approved
B. Upon receipt of the preliminary design review comments, the ENGINEER shall
begin work on the final design of the proposed improvements. The construction plans and
specifications shall be prepared to comply with the Kansas Department of Transportation and the
S:W43\STENO\CONTRACT~SALINA3.KAA. wpd Page 2 of 1 1
City of Salina Standard Specifications. The quantities and statement of probable costs developed for
the preliminary design will be updated to reflect modifications to the final plan documents. The plan
set shall consist of the following sheets:
Sheet Scale
Cover Sheet N/A
Typical Sections N/A
Traffic Signal Plan 1:200
KDOT Standard Plans N/A
C. At completion of the Final Design Phase, ENGINEER shall furnish two copies of
the Contract Documents and present and review them with the OWNER. The Final Design Phase
shall be completed and Contract Documents and ENGINEER's opinion of costs submitted within
245 calendar days following written authorization from OWNER to ENGINEER to proceed with
that phase of services.
D. Upon receipt of review comments from the OWNER, ENGINEER shall
incorporate the comments into the Contract Documents and furnish two copies of the Final Contract
Documents to the OWNER. The Final Contract Documents shall be completed and submitted within
10 working days from receipt of review comments.
1.5. Project Bidding. Scope and fee to be negotiated at a later date by a Supplemental
Agreement.
1.6. Construction-Related Engineering Services. Scope and fee to be negotiated at a later date
by a Supplemental Agreement.
1.7. Resident Project Representative Services. Scope and fee to be negotiated at a later date
by a Supplemental Agreement.
SECTION 2 - ADDITIONAL SERVICES OF ENGINEER
2.1. Services Requiring Authorization in Advance.
If authorized in writing by OWNER, ENGINEER shall furnish or obtain from others Additional
Services of the types listed in paragraphs 2.1.1. through 2.1.9., inclusive. These services are not
included as part of Basic Services. These Additional Services will be paid for by OWNER as
indicated in Section 5.
2.1.1. Services to make measured drawings of or to investigate existing conditions or
facilities, or to verify the accuracy of drawings or other information furnished by OWNER.
2.1.2. Service resulting from significant changes in the general scope, extent, or character of
the Project or its design including, but not limited to, changes in size, complexity, OWNER's
schedule, character of construction or method of financing; and revising previously accepted studies,
S:\743\STENO\CONTRACT~SALINA3.KAA. wpd Page 3 of 11
reports, design documents, or Contract Documents when such revisions are required by changes in
laws, rules, regulations, ordinances, codes, or orders enacted subsequent to the preparation of such
studies, reports, or documents, or are due to any other causes beyond ENGINEER's control.
2.1.3. Preparing documents for alternate bids requested by OWNER for Contractor(s)' work
which is not executed or documents for out-of-sequence work.
2.1.4. Investigations and studies involving, but not limited to, detailed consideration of
operations, maintenance and overhead expenses; providing value engineering during the course of
design; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and
appraisals; assistance in obtaining financing for the Project; evaluating processes available for
licensing and assisting OWNER in obtaining process licensing; detailed quantity surveys of material,
equipment and labor; and audits or inventories required in connection with construction performed
by OWNER.
2.1.5. Furnishing services of independent professional associates and consultants for other
than Basic Services for customary civil engineering; and providing data or services of the types
described in paragraph 3.4 when OWNER employees ENGINEER to provide such data or services
in lieu of furnishing the same in accordance with paragraph 3.4.
2.1.6. Services during out-of-town travel required of ENGINEER other than visits to the
site or OWNER's office as required by Section 1.
2.1.7. Providing any type of engineering surveys and staking to enable Contractor(s) to
proceed with their work; and providing other special field surveys.
2.1.8. Preparing to serve or serving as consultant or witness for OWNER in any litigation,
arbitration, or other legal or administrative proceeding involving the Project.
2.1.9. Additional services in connection with the Project, including services which are to be
furnished by OWNER in accordance with Section 3, and services not otherwise provided for in this
Agreement.
2.2. Required Additional Services. Not Used.
SECTION 3 - OWNER'S RESPONSIBILITIES
OWNER shall do the following in a timely manner so as not to delay the services of ENGINEER:
3.1. Designate in writing a person to act as OWNER's representative with respect to the services
to be rendered under this agreement. Such person shall have complete authority to transmit
instructions, receive information, interpret and define OWNER's policies and decisions with respect
to ENGINEER's services for the Project.
3.2. Provide all criteria and full information as to OWNER's requirements for the Project,
including design objectives and constraints, space, capacity and performance requirements, flexibility
and expandability, and any budgetary limitations; and furnish copies of all design and construction
standards with OWNER will require to be included in the Drawings and Specifications.
S5743\STENO\CONTRACTXSALINA3.KAA. wpd Page 4 of 1 1
3.3. Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to
the Project, including previous reports and any Other data relative to design or construction of the
Project.
3.4. Furnish to ENGINEER, as required for performance of ENGINEER's Basic Services the
following:
3.4.1. Data prepared by or services of others, including without limitation: borings,
probings, and subsurface explorations, laboratory tests and inspections of samples and materials;
3.4.2. Appropriate professional interpretations of all of the foregoing;
3.4.3. Other special data or consultations not covered in Section 2;
all of which ENGINEER may use and rely upon in performing services under this Agreement.
3.5. Arrange for access to and make all provisions for ENGINEER to enter upon public and
private property as required for ENGINEER to perform services under this Agreement.
3.6. Examine all studies, reports, sketches, Drawings, Specifications, proposals and other
documents presented by ENGINEER, obtain advice of an attorney, insurance counselor and other
consultants as OWNER deems appropriate for such examination and render in writing decisions
pertaining thereto within a reasonable time so as not to delay the services of ENGINEER.
3.7. Provide such accounting, independent cost estimating and insurance counseling services as
may be required for the Project, such legal services as OWNER may require or ENGINEER may
reasonably request with regard to legal issues pertaining to the Project.
3.8. Furnish to ENGINEER data or estimated figures as to OWNER's anticipated costs for
services to be provided by others for OWNER so that ENGINEER may make the necessary findings
to support opinions of probable Total Project Costs.
3.9. Give prompt written notice to ENGINEER whenever OWNER observes or otherwise
becomes aware of any development that affects the scope or timing of ENGINEER's services.
3.10. Furnish, or direct ENG1NEER to provide, Additional Services as stipulated in paragraph 2.1.
of this Agreement or other services as required.
3.11. Bear all costs incident to compliance with the requirements of this Section 3.
SECTION 4 - PERIODS OF SERVICE
4.1. The provisions of this Section 4 and the various rates of compensation for ENGINEER's
services provided for elsewhere in this Agreement have been agreed to in anticipation of the orderly
and continuous progress of the Project through completion of the Final Design Phase. ENGINEER's
obligation to render services hereunder will extend for a period which may reasonably be required. If
specific periods of time for rendering services are set forth or specific dates by which services are to
S:\743\STENO\CONTRACTXSALINA3.KAA. wpd Page 5 of 1 1
be completed are provided and if such dates are exceeded through no fault of the ENGINEER, all
rates, measures, and amounts of compensation provided herein shall be subject to equitable
adjustment.
4.2. The services called for in the Study and Report Phase will be completed and the Report
submitted within the stipulated period indicated in paragraph 1.2.4., after written authorization to
proceed with that phase of services which will be given by OWNER within forty-five (45) days after
ENGINEER has signed this Agreement.
4.3. After acceptance by OWNER of the Study and Report Phase documents indicating any
specific modifications or changes in the general scope, extent, or character of the Project desired by
OWNER, and upon written authorization from OWNER, ENGINEER shall proceed with the
performance of the services called for in the Final Design Phase; and shall deliver Contract
Documents and a revised opinion of probable Total Project Costs for all work of Contractor(s) on
the Project within the stipulated period indicated in paragraph 1.4.3.
4.4. ENGINEER's services under the Study and Report Phase and Final Design Phase shall each
be considered completed at the earlier of: (1) the date when the submissions for that phase have
been accepted by OWNER, or; (2) thirty days after the date when such submissions are delivered to
OWNER for final acceptance.
4.5. If OWNER has requested significant modifications or changes in the general scope, extent, or
character of the Project, the time of performance of ENGINEER's services shall be adjusted
equitably.
4.6. If ENGINEER's services for design of the Project are delayed or suspended in whole or in
part by OWNER for more than three months for reasons beyond ENGINEER's control, ENGINEER
shall on written demand to OWNER (but without termination of this agreement) be paid as provided
in paragraph 5.3.2. If such delay or suspension extends for more than one year for reasons beyond
ENGINEER's control, the various rates of compensation provided for elsewhere in this agreement
shall be subject to equitable adjustments.
SECTION 5 - PAYMENTS TO ENGINEER, COST PLUS A FIXED FEE METHOD OF
PAYMENT
5.1. Methods of Payment for Services and Expenses of ENGINEER.
5.1.1. For Basic Services. OWNER shall pay ENGINEER for Basic Services rendered
under Section 1 as follows:
5.1.1.1. Fee and Method of Payment. For the services described herein, the
OWNER agrees to pay the ENG1NEER on a cost plus fixed fee basis. The ESTIMATED TOTAL
PAYMENT shown below shall not be exceeded without authorization by the OWNER. Payments
for the ENGINEER's costs shall be based on actual costs incurred in providing the services
described. However, the fixed fee shall be exactly the amount stated below unless revisions are made
by Supplemental Agreement to the Scope of Services, in which case, the amount of the fixed fee and
the estimated cost payable to the ENGINEER shall be revised accordingly. Payments shall
compensate the ENGINEER for all direct labor costs, reimbursable expenses, overhead rate
S:W43\STENO\CONTRACTXSALINA3.KAA. wpd Page 6 of 1 1
(currently at 1.5135), fixed fee and all other direct costs in providing the services. TOTAL
PAYMENT to the ENGINEER for the services described is estimated to be as follows:
Project Description
Estimated Fixed Estimated Cost
Cost Fee Plus Fixed Fee
Section 1.2
Study and Report Phase
$10,692.00 $1,352.00 $12,044.00
Section 1.3
Preliminary Design Phase
$8,046.00 $995.00 $9,041.00
Section 1.4
Final Design Phase
$17,850.00 $2,256.00 $20,106.00
ESTIMATED TOTAL PAYMENT
$36,588.00 $4,603.00 $41,191.00
5.1.1.2. Notice of Relationship of Payments to Estimated Total Compensation.
If it becomes apparent to ENGINEER at any time before Basic Services to be rendered under this
Agreement apparent to ENGINEER at any time before Basic Services to be rendered under this
Agreement have been eighty percent completed that the total amount of compensation to be paid to
ENGINEER on account of Basic Services pursuant to paragraph 5.1.1.1 will exceed the
ESTIMATED TOTAL PAYMENT indicated above (which figures are ENGINEER's estimates of
the amounts that will become payable for such services), ENGINEER shall give OWNER written
notice thereof. Promptly thereafter OWNER and ENGINEER shall review the matter of
compensation for such Basic Services, and either OWNER shall accede to such compensation
exceeding said estimated amounts or OWNER and ENG1NEER shall agree to a reduction in the
remaining services to be rendered by ENGINEER under this Agreement so that total compensation
for such Basic Services will not exceed such estimated amounts when such services are completed.
5.1.2.1. General. For Additional Services of ENGINEER's principals and
employees engaged directly on the Project and rendered pursuant to paragraph 2.1 (except services
as a consultant or witness under paragraph 2.1.8), on the basis of ENGINEER's Direct Labor Costs,
plus Reimbursable Expenses, plus Direct Labor Costs times a factor of 1.5135 plus a fixed fee of 13
percent of all costs.
5.1.2.2. Professional Associates and Consultants. For services and
Reimbursable Expenses of independent professional associates and consultants employed by
ENGINEER to render Additional Services pursuant to paragraph 2.1, the amount billed to
ENGINEER therefor times a factor of 1.1.
5.1.2.3. Serving as a Witness. For services rendered by ENGINEER's
principals and employees as consultants or witnesses in any litigation, arbitration, or other legal or
administrative proceeding in accordance with paragraph 2.1.8., at the rate of $120.00 per hour for
principals and $75.00 per hour for employees or any portion thereof, plus Reimbursable Expenses
(but compensation for time spent in preparing to appear in any such litigation, arbitration, or
proceeding will be on the basis provided in paragraph 5.1.2.1 .). Compensation for ENGINEER's
independent professional associates and consultants will be on the basis provided in paragraph
5.1.2.2.
S:W43\STENO\CONTRACTXSALINA3.KAA. wpd Page 7 of 11
5.1.3 The terms "Direct Labor Costs" and "Reimbursable Expenses" have the meanings
assigned to them in paragraph 5.4.
5.2. Times of Payments.
5.2.1. ENGINEER shall submit statements at four week intervals for Basic and Additional
Services rendered. The charge on account of the fixed fee will be based upon ENGINEER's estimate
of the proportion of the total services actually completed at the time of billing. OWNER shall make
prompt monthly payments in response to ENGINEER's monthly statements.
5.3. Other Provisions Concerning Payments.
5.3.1. If OWNER fails to make any payment due ENGINEER for services within thirty days
after receipt of ENGINEER's statement therefor, the amounts due ENGINEER will be increased at
the rate of 1% per month from said thirtieth day, an in addition, ENGINEER may, after giving thirty
days written notice to OWNER, suspend services under this Agreement until ENGINEER has been
paid in full all amounts due for services, expenses, and charges.
5.3.2. In the event of termination by OWNER under paragraph 7.1 upon the completion of
any phase of the Basic Services, progress payments due ENGINEER for services rendered through
such phase shall constitute total payment for such services. In the event of such termination by
OWNER during any phase of the Basic Services, ENGINEER also will be reimbursed for the
charges of independent professional associates and consultants employed by ENGINEER to render
Basic Services, and paid for services rendered during that phase on the basis of ENGINEER's Direct
Labor Costs, plus Reimbursable Expenses, plus Direct Labor Costs times a factor of the overhead
rate plus a fee of 13 percent of all costs for services rendered during that phase to date of termination
by ENGINEER's principals and employees engaged directly on the Project. In the event of any such
termination, ENGINEER will be paid for all unpaid Additional Services.
5.3.3. Records of ENGINEER's Direct Labor Costs pertinent to ENGINEER's
compensation under this Agreement will be kept in accordance with generally accepted accounting
practices. Copies will be made available to OWNER at the time of periodic invoices.
5.4. Definitions.
5.4.1. Direct Labor Costs used as a basis for payment mean salaries and wages, basic and
incentive, paid to all ENGINEER's personnel engaged directly on the Project, including, but not
limited to, engineers, surveyors, designers, draftsmen, specification writers, estimators, other
technical and business personnel; and includes indirect payroll related costs or fringe benefits.
5.4.2. Reimbursable Expenses mean the actual expenses incurred by ENGINEER or
ENGINEER's independent professional associates or consultants, directly or indirectly in connection
with the Project, such as expenses for: transportation and subsistence incidental thereto; toll
telephone calls and telegrams; reproduction of reports, Drawings, Specifications, expenses incurred
for computer time and other highly specialized equipment, and similar project-related items in
addition to those required under Section 1; and, if authorized in advance by OWNER, overtime work
requiring higher than regular rates.
S:W43\STENO\CONTRACT~SALINA3.KAA. wpd Page 8 of 11
SECTION 6 - CONSTRUCTION COST AND OPINIONS OF COST
6.1 Construction Cost.
6.1.1. The construction cost of the entire Project (herein referred to as "Construction Cost")
means the total cost to OWNER of the portions of the entire Project designed and specified by
fights-of-way, or compensation for or damages to, properties unless this Agreement so specifies, nor
will it include OWNER's legal, accounting, insurance counseling or auditing services, or interest and
financing charges incurred in connection with the Project or the cost of other services to be provided
by others to OWNER pursuant to paragraphs 3.6 and 3.7.
6.2. Opinions of Cost.
6.2.1. Since ENGINEER has no control over the cost of labor, materials, equipment or
services furnished by others, or over the Contractor(s) methods of determining prices, or over
competitive bidding or market conditions, ENGINEER's opinion of probable Construction Cost
provided for herein are to be made on the basis of ENGINEER's experience and qualifications and
represent ENGINEER's best judgment as an experienced and qualified professional ENGINEER,
familiar with the construction industry; but ENGINEER cannot and does not guarantee that
proposals, bids, or actual Total Project or Construction Costs will not vary from opinions of
probable cost prepared by ENGINEER. If prior to the Bidding or Negotiating Phase, OWNER
wishes greater assurance as to Total Project or Construction Costs, OWNER shall employ an
independent cost estimator as provided in paragraph 3.7.
SECTION 7 - GENERAL CONSIDERATION
7.1. Termination.
7.1.1. The obligation to provide further services under this Agreement may be terminated by
either party upon thirty days' written notice in the event of substantial failure by the other party to
perform in accordance with the terms hereof through no fault of the terminating party.
7.2. Reuse of Documents.
7.2.1. All documents including Drawings and Specifications prepared or furnished by
ENGINEER (and ENGINEER's independent professional associates and consultants) pursuant to
this Agreement are instruments of service in respect of the Project and ENGINEER shall retain an
ownership and property interest therein whether or not the Project is completed. OWNER may
make and retain copies for information and reference in connection with the use and occupancy of
the Project by OWNER and others; however, such documents are not intended or represented to be
suitable for reuse by OWNER or others on extensions of the Project or on any other project. Any
reuse without written verification or adaptation by ENGINEER for the specific purpose intended will
be at OWNER's sole risk and without liability or legal exposure to ENGINEER, or to ENGINEER's
independent professional associates or consultants, and OWNER shall indemnify and hold harmless
ENGINEER and ENGINEER's independent professional associates and consultants from all claims,
damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Any
such verification or adaptation will entitle ENGINEER to further compensation at rates to be agreed
upon by OWNER and ENGINEER.
S5743\STENO\CONTRACTXSALINA3.KAA. wpd Page 9 of 1 1
7.3. Insurance.
7.3.1. ENGINEER shall procure and maintain insurance for protection from claims under
workers' compensation acts, claims for damages because bodily injury including personal injury,
sickness or disease or death of any and all employees or of any person other than such employees,
and from claims or damages because of injury to or destruction of property including loss of use
resulting therefrom.
7.4. Controlling Law.
7.4.1. This Agreement is to be governed by the law of the principal place of business of
ENGINEER.
7.5. Successors and Assigns.
7.5.1. OWNER and ENGINEER each is hereby bound and the partners, successors,
executors, administrators and legal representatives of OWNER and ENGINEER (and to the extent
permitted by paragraph 7.5.2. the assigns of OWNER and ENGINEER) are hereby bound to the
other part to the Agreement and to the partners, successors, executors, administrators and legal
representatives (and said assigns) of such other party, in respect of all covenants, agreements, and
obligations of this Agreement.
7.5.2. Neither OWNER nor ENGINEER shall assign, sublet, or transfer any rights under or
interest in (including, but without limitation, moneys that may become due or moneys that are due)
this Agreement without the written consent of the other, except to the extent that any assignment,
subletting, or transfer is mandated by law or the effect of this limitation may be restricted by law.
Unless specifically stated to the contrary in any written consent to an assignment, no assignment will
release or discharge the assignor from any duty or responsibility under this Agreement. Nothing
contained in this paragraph shall prevent ENGINEER from employing such independent professional
associates and consultants as ENGINEER may deem appropriate to assist in the performance of
services hereunder.
7.5.3. Nothing under this Agreement shall be construed to give any rights or benefits in this
Agreement to anyone other than OWNER and ENGINEER, and all duties and responsibilities
undertaken pursuant to this Agreement will be for the sole and exclusive benefit of OWNER and
ENGINEER and not for the benefit of any other party.
7.6. Arbitration. Not Used.
SECTION 8 - SPECIAL PROVISIONS, EXHIBITS AND SCHEDULES
8.1. This Agreement is subject to the following special provisions.
8.1.1. All sections labeled "Not Used" were intentionally omitted.
8.2. This Agreement (consisting of pages 1 to 12, inclusive) constitutes the entire agreement
between OWNER and ENGINEER and supersedes all prior written or oral understandings. This
Agreement may only be amended, supplemented, modified, or canceled by a duly executed written
instrument.
S:\743\STENO\CONTRACTXSALINA3.KAA. wpd Page 10 of 1 1
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day
and year first above written.
OWNER ENGINEER
City of Salina, Kansas
Recommended by:
Title: Director of Engineering & Utilities
Kirkham, Michael & Associates, Inc.
9110 West Dodge Road
P.O. Box 24129
Omaha, Nebraska 68124
By:
Kyle A. Anderson, Vice President
Title:
Attest:
By:
Title:
S:W43\STENO\CONTRACTXSALINA3.KAA. wpd Page 11 of 11
Task Name
Notice to Proceed
Preliminary Survey
Traffic Engineering Analysis
Preliminary Design
Field Check Plan Submittal
Agency Review
Field Check
Final Design (90%)
Office Check Plan Submittal
Agency Review
Final Plan Preparation
Final Plan Submittal
Project Schedule
HES Intersection Improvements
1997
I
1 I/3/97
1998
Mar Apr
s:\743~signal.tdb
EXHIBIT A