Consulting Services for NEPA Exclusion for 2022 RAISE Grant Agreement AGREEMENT BETWEEN THE CITY OF SALINA,KANSAS
and
HDR Engineering,Inc.
for
Consulting Services
for the
National Environmental Policy Act(NEPA)Categorical Exclusion Agreement
for the Smoky Hill River Renewal FY 2022 RAISE Grant
This Agreement is entered into May 17 ,2023 by and between the City of Salina,Kansas,
(the"City")and HDR Engineering,Inc.,a Nebraska Foreign for Profit Corporation(the"Consultant").
Recitals
A. The City desires to contract for engineering services for the purpose of the National Environmental Policy
Act(NEPA)Categorical Exclusion Agreement for the Smoky Hill River Renewal FY 2022 RAISE Grant in
compliance with federal,state,and local regulations.
B. The Consultant has the requisite qualifications and experience to perform the services needed by the City and
desires to perform those services pursuant to the terms of this Agreement.
The parties,in consideration of the mutual promises set forth in this Agreement,agree and covenant:
1. Definitions. Capitalized words used in this Agreement shall have the following meanings:
"Agreement"means this Agreement for the National Environmental Policy Act(NEPA)Categorical
Exclusion Agreement for the Smoky Hill River Renewal FY 2022 RAISE Grant,as amended and
supplemented from time to time.
"City"means the City of Salina,Kansas.
"Consultant"means HDR Engineering,Inc.and its successors.
2. Exhibits. The following Exhibits are attached to and made a part of this Agreement(Mark with "X" if
applicable):
Exhibit A:Responsibilities of the Parties
Exhibit B:Term;Schedule X
Exhibit C:Basis of Payment x
Exhibit D:Insurance Requirements
3. Responsibilities of the Parties. The parties agree to perform the responsibilities outlined in the attached
and incorporated Exhibit A.
4. Term;Schedule. The Consultant agrees to perform its responsibilities during the term and according to the
timeframe and schedule described in Exhibit B.subject to the potential for prior termination pursuant to the terms of
this Agreement.
5. Payment. The City shall pay the Consultant for the performance of its responsibilities pursuant to this
Agreement as set forth in Exhibit C.
6. Insurance Requirements.
6.1. Types and Amount of Coverage.The Consultant agrees to obtain insurance coverage as specified in
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responsibilities provided for under this Agreement shall be assignable by either party,either in whole or in part.
13. Notices. All notices required or permitted to be given pursuant to this Agreement shall be in writing and
delivered personally or sent by registered or certified mail, return receipt requested, or by generally recognized,
prepaid, commercial courier or overnight air courier service. Notice shall be considered given when received on the
date appearing on the return receipt,but if the receipt is not returned within five(5)days,then three(3)days after mailed,
if sent by registered or certified mail or commercial courier service;or the next business day,if sent by overnight air
courier service. Notices shall be addressed as appears below for each party,provided that if any party gives notice of a
change of name or address,notices to the giver of that notice shall thereafter be given as demanded in that notice.
CITY: City of Salina,Kansas
Utilities Department
Attn:Martha Tasker
P.O.Box 736
Salina,KS 67402-0736
CONSULTANT: HDR Engineering,Inc.
Attn: Jessica Adams-Weber,P.E.
10450 Holmes Road,Suite 600
Kansas City,MO 64131
14. Retention and Inspection of Records. The Consultant shall maintain complete, accurate, and clearly
identifiable records with respect to all costs and expenses incurred under this Agreement. The records shall be
maintained during the term of this Agreement,and for a period of three(3)years from the date of final payment under
this Agreement(the"Retention Period");provided,however,that if any litigation,claim or audit is commenced prior
to the expiration of the Retention Period, then the Retention Period shall be extended until all litigation, claims or
audit findings have been completely terminated or resolved, without right of further appeal. During the Retention
Period, the Consultant shall allow a representative of the City during normal business hours to examine, audit, and
make transcripts or copies of such records and any other documents created pursuant to, or arising under, this
Agreement. The City agrees to responsibly utilize all information obtained pursuant to this paragraph for the purposes
of reviewing, confirming, and verifying the nature and amount of all costs and expenses incurred under this
Agreement. The City agrees to take reasonable precautions not to disclose such information outside the scope of those
stated purposes,subject to the Kansas open records act or other applicable law.
15. Non-appropriation. The City is subject to Kansas budget and cash basis laws, and operates on a calendar
fiscal year. In the event that this Agreement involves financial obligations spanning multiple fiscal years for the City,
it is subject to annual appropriation by the City's governing body for future fiscal years. If the City's governing body
does not appropriate the funds necessary to fulfill the City's financial obligations pursuant to this Agreement,the City
shall so notify the other parties to this Agreement and this Agreement shall be null and void for purposes of the fiscal
year(s)affected by the decision of the governing body not to appropriate.
16. Relationship. It is expressly understood that Consultant in performing services under this Agreement,does
so as an independent contractor. The City shall neither have nor exercise any control or direction over the methods
by which Consultant performs its responsibilities as outlined in Exhibit A. The sole interest and responsibility of the
City is to see that the services covered by this Agreement are performed and rendered in a competent,efficient,and
satisfactory manner. Consultant shall be exclusively responsible for all taxes,withholding payments,employment-
based benefits,deferred compensation plans,including but not limited to its workers compensation and social security
obligations,and the filing of all necessary documents,forms,or returns pertinent to the foregoing.
17. Subcontracting. Consultant shall not subcontract any work or services under this Agreement without the
City's prior written consent.
18. Compliance with Applicable Law.
Consultant shall comply with all applicable federal,state,and local law in the performance of this Agreement.
19. Equal Opportunity.
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27. Authority and Consent to Transaction. Each party represents to the other that the person executing this
Agreement has full and legal authority to bind such party to the terms of this Agreement,and that the execution and
delivery of this Agreement have been duly and validly authorized by the governing body of each party.
28. Persons Bound. This Agreement shall extend to and bind the heirs, executors, administrators, trustees,
successors and authorized assigns of the parties hereto.
29. Counterparts. This Agreement may be executed in any number of counterparts,each of which shall be deemed
an original,or in multiple originals,and all such counterparts or originals shall for all purposes constitute one agreement.
30. Amendments.Neither this Agreement nor any of its terms may be changed or modified,waived,or terminated
except by an instrument in writing signed by an authorized representative of the party against whom the enforcement of
the change,waiver,or termination is sought.
31. Waiver. No failure or delay by a party hereto to insist on the strict performance of any term of this Agreement,
or to exercise any right or remedy consequent to a breach thereof,shall constitute a waiver of any breach or any subsequent
breach of such term. No waiver of any breach hereunder shall affect or alter the remaining terms of this Agreement,but
each and every term of this Agreement shall continue in full force and effect with respect to any other then existing or
subsequent breach thereof.
32. Conflict Resolution. No interpretation of this Agreement shall be allowed to find the City has agreed to binding
arbitration.
33. No Third Party Beneficiaries. Solely the parties to this Agreement shall have rights and may make claims
under this Agreement. There are no intended third party beneficiaries under this Agreement, and no third parties shall
have any rights or make any claims hereunder.
34. Typewritten or Handwritten Provisions. Typewritten or handwritten provisions inserted or attached, and
initialed by all parties,shall supersede all conflicting printed provisions.
35. Feminine-Masculine,Singular-Plural. Wherever used, singular shall include the plural,plural the singular,
and use of any gender shall include all genders.
36. Headings. The headings of the sections of this Agreement are included for the purposes of convenience only
and shall not affect the interpretation of any provision hereof.
37. Merger Clause. These terms are intended by the parties as a complete,conclusive and fmal expression of all the
conditions of their Agreement. No other promises,statements,warranties,agreements or understandings,oral or written,
made before or at the signing thereof,shall be binding unless in writing and signed by all parties and attached hereto.
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by their authorized
representatives.
CITY OF S• I : •*:. CONSULTANT
By: /x_ J
dp, By:
Mic'. c-1 ,
es . r//',/1' Cory Imhoff,P.E. (name)
Atti -- -
Jo o a Rut o f, i Jerk Sr.Vice President (title)
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1135 Draft Feasibility Study. Prepare online informal Section 7 Biological
Assessment and informal consultation through IPaC. Coordinate with USACE on
CITY's commitment to clear potential roost trees and tree clearing only between
November 1 and March 31st for the Northern Long-eared bat species as an
avoidance measure to get a may affect, but not likely to adversely affect opinion,
if appropriate.
HDR Activities:
• Submit a KDWP T&E and critical habitat review request via email.
• Conduct IPaC online review and Section 7 ESA review and informal consult.
• Conduct general desktop field habitat assessment.
• Prepare online IPaC Biological Assessment and submit for informal
consultation.
• Coordinate with USFWS on CITY's commitment to avoid potential roost tree
and tree clearing in general relative to active and inactive bat seasons.
• Obtain, if possible, a"may effect- not likely to adversely affect"determination
through USACE and USFWS coordination.
Task Deliverables:
• KDWP review request letter and agency response.
• IPaC review and informal consultation. Meeting notes.
Key Understandings:
• No KDWP state listed T&E species or critical habitats are anticipated.
• Should a USFWS"likely to adversely affect"determination result, HDR can
provide further habitat surveys, formal USFWS consultation services, acoustic
and/or mist netting surveys, Biological Assessment, etc. as supplemental
services.
• No mitigation services for bat habitat are provided in this scope of work.
Planned Meetings:
• None
Information and
Services Provided
By Others:
• None.
Task 3—Section 106 SHPO Consultation
Objective: Coordinate with SHPO online and request project review for NHPA Section 106
concerns for historic properties.
HDR Activities:
• Field visit to also include taking photos of RAISE Grant feature locations for a
photo log, particularly drainage structures to be removed.
• Prepare SHPO review letter and supporting documentation for online review
request. Mapping and photos will be the supporting documentation.
Task Deliverables:
• SHPO online review request to include letter, photos, mapping, and SHPO
response.
Key Understandings:
• No archaeological or architectural field and reporting services/consulting
provided.
Page 2 HDR ENGINEERING,INC.
Task 5—DOT Section 4(f) de-minimus determination
Objective: Prepare Section 4(f) de-minimus review along with providing supporting
documentation to Kansas FHWA office for review and approval.
HDR Activities:
• Summarize public comments collected under previous HDR contract work with
the City and determine whether significant concerns exist.
• Assist with preparing on behalf of the City written concurrence that the project
will not adversely affect the activities, features and attributes that qualify the
City's park properties for protection under Section (4). Submit concurrence to
FHWA.
Task Deliverables:
• Summarize applicable public comments to attach to letter from City to
FHWA.
Key Understandings:
• No programmatic or individual 4(f) documentation including alternatives
analysis is assumed.
• This scope assumes no NRHP eligible archaeological sites or historic properties
exist that could be 4(f) historic property resources.
Planned Meetings:
None.
Other Assumptions
• In the early 1970's, the City entered into an agreement with the National Park Service to receive
federal funding to construct various amenities in Lakewood Park using federal Land and Water
Conservation Fund (LWCF)grant money. This agreement encumbered the entire park property
boundary for protection of the federal investment from conversion to non-recreational use. HDR
has coordinated preliminarily with the state LWCF administrator with Kansas Wildlife and Parks
(KDWP) about the USDOT Raise Grant features in the park and preliminary indicators are that
KDWP would not consider them a conversion under LWCF Section 6(f)(3) rules. HDR will provide
30%design plans to KDWP for review and formal concurrence of no 6(f)conversion in support of
the City's FHWA request for a NEPA CE. This SOW excludes preparation of a 6(f) conversion EA
analysis and excludes any support to find equivalent replacement property and/or amenities
should KDWP determine a 6(f) conversion exists.
Page 4 HDR ENGINEERING,INC.
EXHIBIT C
BASIS OF PAYMENT
1. Compensation. The CITY agrees to compensate the CONSULTANT on the basis of the
actual hourly rates and reimbursable expenses shown on the CONSULTANT's attached
fee schedule in amounts not to exceed the budgetary summaries, annual budgets and
summary list of tasks attached and incorporated. The CONSULTANT's hourly rates and
reimbursable expense rates are attached. Rates are subject to a reasonable increase
annually on January 1 with CONSULTANT giving a thirty(30)day notice to the CITY.
2. Invoices. CONSULTANT agrees to submit to the CITY detailed invoices at least
monthly for work performed and reimbursable expenses actually incurred. The invoices
shall identify the personnel performing the work,the date of the work,the work performed
and the time required to the one-tenth of an hour. Charges for subcontracted work will be
supported with similar documentation. Charges for reimbursable expenses will
specifically identify the type and amount of each expense in a manner consistent with the
classifications of reimbursable expenses set forth in this Exhibit.
3. Payment. Invoices will be due and payable within 45 days of receipt by the CITY. If the
CITY disputes any items in CONSULTANT's invoice for any reason, the CITY may
temporarily delete the disputed item and pay the remaining amount of the invoice. The
CITY will promptly notify CONSULTANT and request clarification and/or correction.
Following resolution of any dispute, CONSULTANT will include the disputed items as
resolved on a subsequent invoice. The CONSULTANT retains the right to assess the
CITY interest at the rate of up to one percent (1%) per month on undisputed invoices
which are not paid within 45 days of receipt by the CITY
C-1
EXHIBIT D
INSURANCE REQUIREMENTS
(Consultant Services)
Pursuant to Section 6 of the Agreement,the Consultant shall obtain,pay for, and maintain—
and shall require each of its authorized subcontractors to obtain and maintain—for the duration of
the Agreement,policies of insurance meeting the following requirements:
1. General Requirements.
A. Additional Insured. With the exception of the workers' compensation and
professional liability policies to be obtained by the Consultant hereunder, all policies shall name
the City, its agents, representatives, officers, officials, and employees as additional insured(s).
Insurance for the additional insured shall be as broad as the insurance for the named insured,
including defense expense coverage, and, with respect to the commercial general liability policy
required hereunder, shall be endorsed to apply as primary and non-contributory insurance before
any other insurance or self-insurance, including any deductible, maintained by, or provided to,
the additional insured(s).
B. Waiver of Subrogation. Where allowed by law, all policies will include a waiver
of subrogation in favor of the City, its agents,representatives, officers, officials, and employees.
C. Claims Made Policies. If coverage is written on a claims-made basis for any of
the policies required by this Agreement, the Consultant must maintain the coverage for a
minimum of two (2)years from the date of final completion of all work under the Agreement.
D. Premium and Deductible Expenses. The Consultant shall be responsible for all
premiums and retention or deductible expense for any and all policies required by this
Agreement.
2. Specific Coverage Requirements.
A. Professional Liability - Errors and Omissions. The Consultant shall maintain
professional liability insurance covering errors and omissions, including the performance of
professional design or related services, with limits of not less than $1,000,000. In the event
coverage is provided on a claims-made basis, the professional liability insurance shall be
maintained for a period of not less than two (2) years after completion of the Contract or, in lieu
thereof, the Consultant shall purchase tail coverage (extended reporting period) under which the
City shall be afforded protection.
B. Commercial General Liability ("CGL"). The Consultant shall maintain CGL
coverage written on ISO Occurrence form CG00 01 or an industry equivalent, which shall cover
liability arising from Personal Injury, Bodily Injury, Property Damage, Premises and Operations,
Contractual Liability, Independent Contractors and Advertising Injury. The policy limits shall
not be less than the following:
2016-11-30 Consultant Services