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Design Engineering Services for Jerry Ivey Park Agreement AGREEMENT BETWEEN THE CITY OF SALINA,KANSAS and GEORGE BUTLER ASSOCIATES,INC. for DESIGN ENGINEERING SERVICES FOR JERRY IVEY MEMORIAL PARK IMPROVEMENTS This Agreement is entered into August 12, 2024 by and between the City of Salina, Kansas, (the "City") and George Butler Associates,Inc.,a Kansas Corporation(the"Consultant"). Recitals A. The City desires to contract for Design Engineering services for the purpose of Jerry Ivey Memorial Park Improvements in compliance with federal,state,and local regulations. B. The Consultant has the requisite qualifications and experience to perform the services needed by the City and desires to perform those services pursuant to the terms of this Agreement. The parties, in consideration of the mutual promises set forth in this Agreement,agree and covenant: 1. Definitions. Capitalized words used in this Agreement shall have the following meanings: "Agreement" means this Agreement for Design Engineering Services for Jerry Ivey Memorial Park Improvements as amended and supplemented from time to time. "City"means the City of Salina,Kansas. "Consultant"means George Butler Associates,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 M Exhibit B:Term; Schedule Exhibit C:Basis of Payment Exhibit D: Insurance Requirements 3. Responsibilities of the Parties. The parties agree to perform the responsibilities outlined in the attached and incorporated Exhibit A. 4. Term;Schedule. The Consultant agrees to perform its responsibilities during the term and according to the timeframe and schedule described in Exhibit B,subject to the potential for prior termination pursuant to the terms of this Agreement. 5. Payment. The City shall pay the Consultant for the performance of its responsibilities pursuant to this Agreement as set forth in Exhibit C. 6. Insurance Requirements. 6.1. Types and Amount of Coverage.The Consultant agrees to obtain insurance coverage as specified in Exhibit D,attached hereto,and shall not make any material modification or change from these specifications without the prior approval of the City. If the Consultant subcontracts any of its obligations under this Agreement,the Consultant shall require each such subcontractor to obtain insurance coverage as specified in Exhibit D. Failure of the Consultant or its subcontractors to comply with these requirements shall not be construed as a waiver of these requirements or provisions and shall not relieve the Consultant of liability. 6.2. Rating. All insurance policies shall be issued by insurance companies rated no less than A-VII in the most Consultant Services(2014-06-18) recent "Bests" insurance guide, and admitted in the State of Kansas. Except as otherwise specified in Exhibit D, all such policies shall be in such form and contain such provisions as are generally considered standard for the type of insurance involved. 6.3. Certificate of Insurance. The parties acknowledge that the Consultant has provided the City with a certificate of insurance listing the City as the Certificate Holder and evidencing compliance with the insurance requirements in this Agreement. The City reserves the right to require complete certified copies of all insurance policies procured by the Consultant pursuant to this Agreement,including any and all endorsements affecting the coverage required hereunder. 7. Iniury to Persons or Damage to Property. The Consultant acknowledges responsibility for any injury to person(s) or damage to property caused by its employees or agents in the performance of its duties under this Agreement and shall immediately notify the City's Risk Management Department at (785) 309-5705 in the event of such injury to person(s) or damage to property. 8. Indemnification.To the fullest extent permitted by law,the Consultant shall indemnify and hold harmless the City, its officers,officials and employees from and against damages,losses and expenses(including but not limited to attorney fees) attributable to bodily injury,sickness,disease,death,or injury to,impairment,or destruction of property,including loss of use resulting therefrom, to the extent that such damages, losses, and expenses are caused by the wrongful acts, negligent acts, errors,or omissions of the Consultant,its employees,agents,or any tier of subcontractors in the performance of this Agreement. The Consultant's obligations to indemnify the City and the City's officers,officials,and employees does not include a duty to defend. 9. Voluntary Termination. Either party may terminate this Agreement, with or without cause,upon thirty(30)days advance written notice to the other party. In the event of such termination, the Consultant shall be compensated for such services as have been satisfactorily performed through the date of termination,but no compensation shall be earned after the effective date of the termination.Within five(5)days of any such termination,all finished or unfinished documents,data,studies, surveys, drawings, maps,models,photographs, reports or other material prepared by the Consultant pursuant to this Agreement shall be delivered to the City.Notwithstanding the above,the Consultant shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Consultant,and the City may withhold any payments to the Consultant for the purposes of set-off until such time as the exact amount of damages due the City from the Consultant may be determined. 10. Default. If either party fails to comply with any term of this Agreement within ten(10)days after written notice to comply has been mailed by the non-defaulting party to the defaulting party,such failure shall be deemed an immediate breach of this Agreement("Event of Default"). 11. Remedies. Upon the occurrence of an Event of Default,the non-defaulting party shall have the following rights and remedies,in addition to any other rights and remedies provided under this Agreement or by law: 11.1 Termination. The non-defaulting party shall have the right to terminate this Agreement or terminate the defaulting party's rights under this Agreement. 11.2 Other Remedies. The non-defaulting party may pursue any available remedy at law or in equity(including specific performance)by suit,action,mandamus or other proceeding to enforce and compel the performance of the duties and obligations set forth in this Agreement, to enforce or preserve any other rights or interests of the non-defaulting party under this Agreement or otherwise existing at law or in equity and to recover any damages incurred by the non-defaulting party resulting from such Event of Default. 12. Non-Assignable. Due to the unique qualifications and capabilities of the Consultant,neither the rights nor responsibilities provided for under this Agreement shall be assignable by either party,either in whole or in part. 13. Notices. All notices required or permitted to be given pursuant to this Agreement shall be in writing and delivered personally or sent by registered or certified mail, return receipt requested, or by generally recognized, prepaid, commercial courier or overnight air courier service. Notice shall be considered given when received on the date appearing on the return receipt, but if the receipt is not returned within five(5)days,then three (3) days after mailed, if sent by registered or certified mail or commercial courier service; or the next business day, if sent by overnight air courier service. Notices shall be addressed as 2 appears below for each party,provided that if any party gives notice of a change of name or address,notices to the giver of that notice shall thereafter be given as demanded in that notice. CITY: City Clerk Attn:Jeff Hammond,Director of Parks and Recreation P.O.Box 736 Salina,KS 67402-0736 CONSULTANT: George Butler Associates,Inc. Attn:Jim Schuessler 9801 Renner Boulevard Lenexa,KS 66219 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.The City agrees that any audit performed by the City will be at its sole cost and expense. 15. Non-appropriation. The City is subject to Kansas budget and cash basis laws,and operates on a calendar fiscal year. In the event that this Agreement involves financial obligations spanning multiple fiscal years for the City,it is subject to annual appropriation by the City's governing body for future fiscal years. If the City's governing body does not appropriate the funds necessary to fulfill the City's financial obligations pursuant to this Agreement,the City shall so notify the other parties to this Agreement and this Agreement shall be null and void for purposes of the fiscal year(s)affected by the decision of the governing body not to appropriate. 16. Relationship. It is expressly understood that Consultant in performing services under this Agreement,does so as an independent contractor. The City shall neither have nor exercise any control or direction over the methods by which Consultant performs its responsibilities as outlined in Exhibit A. The sole interest and responsibility of the City is to see that the services covered by this Agreement are performed and rendered in a competent,efficient,and satisfactory manner. Consultant shall be exclusively responsible for all taxes, withholding payments, employment-based benefits, deferred compensation plans, including but not limited to its workers compensation and social security obligations,and the filing of all necessary documents, forms,or returns pertinent to the foregoing. 17. Subcontracting. Consultant shall not subcontract any work or services under this Agreement without the City's prior written consent. 18. Compliance with Applicable Law. Consultant shall comply with all applicable federal,state,and local law in the performance of this Agreement. 19. Equal Opportunity. (a) In conformity with the Kansas act against discrimination and Chapter 13 of the Salina Code, the Consultant and its subcontractors,if any,agree that: (1) The Consultant shall observe the provisions of the Kansas act against discrimination and Chapter 13 of the Salina Code and in doing so shall not discriminate against any person in the performance of work under this Agreement because of race,sex,religion,age,color,national origin,ancestry or disability; 3 1 (2) The Consultant shall include in all solicitations, or advertisements for employees, the phrase "equal opportunity employer,"or a similar phrase to be approved by the City's human relations director; (3) If the Consultant fails to comply with the manner in which the Consultant reports to the Kansas human rights commission in accordance with the provisions of K.S.A.44-1031 and amendments thereto,the Consultant shall be deemed to have breached this Agreement and it may be canceled,terminated or suspended,in whole or in part,by the City; (4) If the Consultant is found guilty of a violation of Chapter 13 of the Salina Code or the Kansas act against discrimination under a decision or order of the Salina human relations commission or the Kansas human rights commission which has become final,the Consultant shall be deemed to have breached this Agreement and it may be canceled,terminated or suspended,in whole or in part,by the City; (5) The Consultant shall not discriminate against any employee or applicant for employment in the performance of this Agreement because of race,sex,religion,age,color,national origin,ancestry or disability;and (6) The Consultant shall include similar provisions in any subcontract under this Agreement. (b) The provisions of this section shall not apply to this Agreement if the Consultant: (1) Employs fewer than four employees during the term of this Agreement;or (2) Contracts with the City for cumulatively$5,000 or less during the City's calendar fiscal year. 20. Administration of Agreement. All references in this Agreement requiring the City's participation or approval shall mean the participation or approval of the City Manager or his designee,unless otherwise provided herein. 21. Attorney Fees. If any suit or action is instituted by either party hereunder,including all appeals,the prevailing party in such suit or action shall be entitled to recover reasonable attorney fees and expenses from the non-prevailing party,in addition to any other amounts to which it may be entitled. 22. Right to Independent Legal Advice. The Consultant understands and acknowledges the right to have this Agreement reviewed by legal counsel of the Consultant's choice. 23. Applicable Law;Venue. This Agreement and its validity,construction and performance shall be governed by the laws of Kansas. In the event of any legal action to enforce or interpret this Agreement,the sole and exclusive venue shall be in the Saline County,Kansas District Court. 24. Interpretation. This Agreement shall be interpreted according to its fair meaning, and not in favor of or against any Pte'. 25. Time. No extension will be granted unless in writing and signed by the parties. Should the end of a time period fall on a legal holiday that termination time shall extend to 5:00 p.m. of the next full business day.Consultant shall perform its services in accordance with the standard of care and skill ordinarily exercised under the same or similar circumstances by members of the Consultant's profession. The City shall render decisions in a timely manner pertaining to documents submitted by Consultant in order to avoid delay in the orderly and sequential progress of Consultant's services. 26. Severability. The unenforceability,invalidity,or illegality of any provision of this Agreement shall not render the other provisions unenforceable,invalid,or illegal. 27. Authority and Consent to Transaction. Each party represents to the other that the person executing this Agreement has full and legal authority to bind such party to the terms of this Agreement, and that the execution and delivery of this Agreement have been duly and validly authorized by the governing body of each party. 4 4 28. Persons Bound. This Agreement shall extend to and bind the 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.City and Consultant shall attempt to amicably resolve all disputes through direct discussion and negotiation between the designated representatives of each party. If that is unsuccessful,either party may notify the party of its intent to mediate the claim or dispute,and the parties will submit the claim or dispute to nonbinding mediation.Unless the parties otherwise agree,the mediation shall be in accordance with the Construction Industry Mediation rules of the American Arbitration Association currently in effect. If mediation is unsuccessful or not otherwise resolved within forty-five(45)days after a party's written notice of intent to mediate, either party may pursue resolution through litigation. 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 final expression of all the conditions of their Agreement. No other promises, statements, warranties, agreements or understandings, oral or written,made before or at the signing thereof,shall be binding unless in writing and signed by all parties and attached hereto. 38. Limitation of Liability. Except as otherwise provided in this section,and to the maximum extent permitted by law and for adequate consideration,the total liability of Consultant and its employees and sub-consultants for City's damages,in any way arising out of the services of Consultant, shall not exceed an amount equal to 200% of the total compensation payable to Consultant under this Agreement..This limitation shall apply regardless of the cause of action or legal theory pled or asserted.The parties acknowledge sufficient consideration has been given for this limitation.Notwithstanding the foregoing,the limitations of liability set forth in this section shall not apply to Consultant's obligations to indemnify Client as set forth in Section 8. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized representatives. CITY OF SAL)i, • ► By: A'S b' _ �. • f'W chr.ge,Ci Manager AAA .Attest: •Mm -• , N%kk) •ckic3,Cl Clerk 5 Nikki God', �Ci�, •�k Form: f 1 ,1.1 Legal •91 sel GOERGE BUTLER ASSOCIATES,INC. By: Mic ael , cipal 6 EXHIBIT A RESPONSIBILITIES OF THE PARTIES PROJECT UNDERSTANDING Jerry Ivey Memorial Park has a rich history of providing active and passive recreation opportunities for the residents of Salina. Supporting the southern neighborhoods of Salina, the park features many long-lasting park facilities including shelters, trails, playgrounds and a splashpad. As a popular destination for passive recreation and leisure, Jerry Ivey has been a preferred choice for events such as weddings, reunions, parties and photo opportunities. PROJECT DESCRIPTION As GBA and the City consider the opportunities at Jerry Ivey Memorial Park, the following key elements will occur: • Facilitate a design process to conceptually identify opportunities for the park. • Design a splash pad, water feature, and Jerry Ivey Memorial. • Design support facilities including accessible ADA sidewalks and connections to the existing stream, gardens, shelters, parking and play areas. • The memorial will be updated, and considerations given for the annual 200+ people gathering. • Work with topography to provide improved sight lines and a sense of arrival/discovery. • Prepare 100%construction drawings detailing all labor, materials, oversight and closeout documents necessary to complete the construction of the project. SCOPE OF SERVICES GBA will provide the following Basic Services: TASK 1 — PROJECT/CONTRACT MANAGEMENT 1.1 Project Management-GBA will provide the City with a monthly project status review that outlines work completed, work expected to be completed, project issues and solutions, future responsibilities and project schedule updates. GBA will be responsible for monitoring project schedules, scope, and invoice processing. 1.2 Project Review Meetings—GBA will provide agendas and minutes for each of the design review meetings. They are expected to occur bi-weekly with the City Project Manager through the design process. 1.3 Quality Assurance/Quality Control Plan -Our process for QA/QC reflects the quality standards/ expectations for the City of Salina. We implement this process throughout the project cycle to ensure project requirements are met or exceeded. GBA's plan will be provided as a document at the beginning of the project. Task 2 — PRELIMINARY DESIGN The project is expected to encompass several key elements, including a splashpad, water feature, and memorial honoring Officer Jerry Ivey. This phase will also include support circulation and infrastructure along with landscaping, utility work, associated fixtures and furnishings and stormwater compliance. Utilizing the direction received after reviewing the Concept Design, GBA will prepare 50% construction drawings. GBA will provide title and general information sheets, pavement plans, wall elevations, cross sections, fountain design, stormwater design, MEP drawings, removal plans and landscape sheets. Specific tasks could include the following items: 2.1 Splashpad —GBA has all the skilled designers and engineers ready to support the City of Salina. As an important play component to the park and the southeast area of town, concepts for spray amenity package will be presented to provide relief on a hot summer day while supporting the overall theme of the park. B-1 2.2 Water Feature—GBA will work to develop a comprehensive approach to water, play, sound, and outdoor experience developing a vision with the Steering Committee that is memorable and photo worthy. The design process will evaluate where the water feature is combined with the splashpad or complementary. Similarly, with the creek water feature, the team will evaluate wholistically how the channel could be integrated into the new design. 2.3 Jerry Ivey Memorial -The GBA team will re-envisioned the existing memorial rock and surrounding area to better honor the"officers of those who have lost their lives in the call of duty." The new memorial will consider the annual memorial service. 2.4 Existing Creek Water Feature—The creek is a pleasant feature used intermittently as a fantastic amenity to the park. GBA will consider repairs/improvements to the stream, as part of the proposed amenity package. Expected recommendations include grout, rubber liner patching, and additional rock/ boulders. With further investigation and discussion, the water feature would have a new life within the park. 2.5 Landscaping - GBA is known for our horticultural specialists. Our team of landscape architects, with a diverse background and a passion for plant material, will work with the community to bring beauty, creativity and low maintenance to this park. 2.6 Utility Work-The electrical and plumbing components will be designed by GBA's civil/MEP team. 4.7 Estimate of Probable Costs—GBA will estimate all major project elements, preliminary quantity takeoffs, and expected costs for labor/materials. At this time, both the City and GBA will evaluate design components to confirm the project is on budget and the quality of materials is appropriate. 4.8 Design Review Meeting (50%) -At this meeting, the GBA team will meet with the Steering Committee to discuss design progress and material selections. TASK 3 - FINAL DESIGN GBA will proceed with preparing 100% construction drawings. Specific tasks could include the following items: 5.1 Site Circulation / Pavement—GBA will provide improved circulation to the splashpad, fountain, and memorial site per current City Standards and the Americans with Disabilities Act(ADA). We will document the grading plan to the tenth of a foot, understanding elevation at each corner and of every piece of pavement. 5.2 MEP Design - It will be important to work with the City to develop the play theme for the sprayground and provide interactive play attractions including water sprays and other water play features. GBA will be responsible for all electrical and plumbing scope submitting drawings for permitting. 5.2.1 Filtration —GBA will work with USA made and available products to recommend splashpad and water feature plumbing components. It is preferable to provide skid mounted equipment for easy plug- and-play equipment installation, but also maintenance. If possible, the plumbing equipment should be mounted above ground with a right size underground storage tank. 5.3 Preliminary Construction Staging Plan - GBA will document requirements of construction staging, fencing and traffic control during construction. 5.4 Estimate of Probable Costs - GBA will update the cost estimate. 5.5 Construction Drawings (95%)—GBA will submit drawings for review per City of Salina requirements. This set of documents is at a biddable state with only a few minor changes expected. Identified Special Provisions will be drafted. Plans are anticipated to include the following sheets: • Cover Sheet • General Layout/General Notes B-2 • Existing Conditions Plan • Site Lighting and Photometric • Demolition Plan Plan • Grading Plan • Erosion Control Plan • Dimension Plan • Landscape Plan and Details • Utility Plan • Construction Phasing and Traffic • Plumbing Plan and Details Control Plan • Electrical Drawings and Details • Structural Construction Detail 5.6 NPDES/SWPPP - GBA will prepare and submit to the Kansas Department of Health and Environment (KDHE) a Notice of Intent(NOI) for a National Pollutant Discharge Elimination System (NPDES) Construction Stormwater Permit for the project. The permit application will include: a. Completed KDHE NOI form b. Erosion and sediment control plans and details c. Agency coordination documentation d. Location and USGS topographic maps. e. Preparation of The SWPPP as required by the Construction Stormwater Permit, GBA will prepare a Stormwater Pollution Prevention Plan (SWPPP) to be maintained on-site by the contractor during construction activities. 5.7 Design Review Meeting (95%) -At this meeting, the GBA team will meet with the Steering Committee to discuss final design issues, submittals, and proposed bidding/construction schedules. 5.8— Final Plans and Contract Form - GBA will incorporate the City's comments and finalize documents for bidding. All final special provisions will be incorporated into the construction manual. The final Opinion of Probable Construction Cost will be provided. All drawings and specifications will be signed and sealed. TASK 4: BIDDING AND CONTRACT SERVICES The project will be led by the City. GBA will work with the City to interpret the plans and answer any questions that arise during the bidding phase. GBA will prepare addenda if necessary. Task 5 — CONSTRUCTION SERVICES GBA will review civil, landscape, MEP, and architectural shop drawings, respond to contractor RFIs throughout construction, attend construction progress site visits, provide substantial completion site visit/final punch-lists and attend a final site visit. 7.1 Construction Period Site Visits-GBA will visit the site 8 times during construction, estimated at 114 hours to travel and meet with the contractor/observe site construction progress. 7.2 Answer contractor RFI's - GBA will respond to Contractor issued Request for Information (RFI) for GBA designed site features. Revised site drawings will be reissued as required to maintain a project record during construction. A total of 8 estimated hours have been assumed for these responses. 7.3 Review submittals - GBA will review shop drawings and product submittals for GBA designed site features and provide feedback to ensure conformity with plans, City requirements, and design intent. Submittals are anticipated to be reviewed and returned to Client within 10 business days from initial receipt of each submittal. A total of 8 estimated hours have been assumed for these reviews. 7.4 Construction Phase Meetings-GBA will meet with the Owner, Architect, and Contractor(OAC Meetings) on a Bi-weekly basis throughout the construction period, estimated at six (6) months. Meetings are anticipated at two hours each. Additional meetings, or extended construction duration will be invoiced at GBA's standard hourly rates. 7.5 Final Punch List-GBA will visit the site once (1) upon completion of substantial completion and prepare report with final itemization of deficiencies recommended for the contractor to correct prior to final Client acceptance. B-2 Task 6 - BIDDING AND CONTRACT SERVICES The project will be led by the City. GBA will work with the City to interpret the plans and answer any questions that arise during the bidding phase. GBA will prepare addenda if necessary. ASSUMPTIONS We have made several assumptions in the preparation of this proposal. These assumptions and subsequent explanations are as follows: 1. Preliminary and Final Documents will be prepared and submitted as outlined in "Scope of Services". Any additional items other than as described above will be considered additional services and will require additional fees to be negotiated prior to the preparation of said additional work. 2. Survey—The City will provide the survey for the +/- 12 acre project site, including topography, site features, property boundary, and utilities as marked by One Call or identified by surface equipment. Survey will be produced in AutoCAD format for use as a base map in Civil Engineering plans. 3. Geotechnical Analysis—The City will provide a geotechnical investigation and report for the site. Report will include boring logs, pavement recommendation, earthwork specifications, and preliminary foundation recommendations for fountain walls. 4. GBA shall be provided with the following information prior to beginning work: a. Current title report including supporting documents for all easements and right of ways affecting the project site. b. Any additional reports, plans, or other background information pertaining to the site. 5. All specifications shall be per the City of Salina, Kansas and will be incorporated by reference on the construction drawings. Any other specifications required for the project not covered under City specifications shall be included on the plan set. 6. Should City Staff, Planning Commission, or City Commission add requirements above those outlined in this proposal, additional services will be required. 7. Demolition plan will show site features to be removed for construction of site improvements. Plan will be for reference only, and the contractor shall be responsible for demolition scope and all permits. Hazardous material (asbestos, lead paint, etc.) testing, analysis, handling specifications, and permitting are not included in this scope. 8. The Engineer's Opinion of Probable Cost(EPOC)will be prepared utilizing GBA's available historic bid information as part of the tasks identified in the scope of services. 9. Plans will be prepared for construction to occur in a single phase. Separate mass grading, land disturbance, utility packages, or other phases, will be considered additional services. 10. Additional Meetings, Studies, Exhibits, Renderings, or other tasks requested by the Client will be considered additional services. Environmental Engineering Assumptions: 11. No Impacts to Corps of Engineers Jurisdictional Waters, or FEMA regulated floodplains are anticipated with this scope of work. 12. The Wetland Delineation does not represent an approved or preliminary Jurisdictional Determination (JD) of waters of the U.S. The primary purpose of the Delineation is to identify, delineate and document potential jurisdictional waters of the U.S in order to assist the Corps issue an approved or preliminary JD during the CWA Section 404 permitting process Bid Phase Services Assumptions: 13. City to provide Bid Form, Bidding Specifications, pre-bid meetings, etc. 14. City to provide development of contract for construction services. Construction Phase Assumptions: 15. No Record Drawings or As-Built surveys are included in this scope of services. 16. No Construction phase testing is included in GBA's scope. All construction phase and material testing including compaction monitoring, concrete, asphalt, and other material QA/QC testing will be provided by a qualified third-party testing agency contracted directly with the Client. B-2 17. Final Site Punch scope assumes time for walking the site and preparing the punch list document itemizing deficiencies recommended to be corrected prior to Client's acceptance of the work. Should the Client request GBA to visit the site to confirm completion of these items, or require additional site visits, additional services will be required. B-3 EXHIBIT B TERM; SCHEDULE Notice to Proceed: August 2024 Survey Completed: September 2024 Geotechnical Completed: September 2024 Drawings available for Bidding: November 2024 Bid Advertisement: December 2024 Contractor Negotiation: January 2025 Construction Notice to Proceed: February 2025 B-4 EXHIBIT C BASIS OF PAYMENT 1. Compensation FEE BREAKOUT: Task 1: Project/contract management $ 5,450 Task 2: Preliminary Design $ 33,790 Task 3: Final Design $ 38,150 Task 4: Bidding and Contract Services $ 7,630 Task 5: Construction Services $ 23,980 Total: $109,000* *Plus expenses 2. Invoices Invoices will be submitted monthly for the work completed the previous month. Invoices will be based on the percentage of the work that has been competed at the time of invoicing. 3. Payment We propose to provide the services described above in the section entitled "Scope of Services" for a lump sum fee of $109,000, plus expenses. Expenses such as plan review fees, application fees, recording fees, mapping fees, mileage, printing and delivery fees will be invoiced in addition to the fees noted and shall be reimbursed to GBA when expensed. These direct expenses shall be invoiced at our actual cost plus an allowance of ten (10) percent to cover administrative overhead. Payment will become due and payable within 30 days. C-1 EXHIBIT D INSURANCE REQUIREMENTS Pursuant to Section 6 of the Agreement,the Consultant shall obtain,pay for, and maintain— and shall require each of its authorized subcontractors to obtain and maintain—for the duration of the Agreement,policies of insurance meeting the following requirements: 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,with limits of not less than$1,000,000. In the event coverage is provided on a claims-made basis,the professional liability insurance shall be maintained for a period of not less than two(2)years after completion of the Contract or, in lieu thereof, the Consultant shall purchase tail coverage (extended reporting period) under which the City shall be afforded protection. B. Commercial General Liability ("CGL"). The Consultant shall maintain CGL coverage written on ISO Occurrence form CGOO 01 or an industry equivalent, which shall cover liability arising from Personal Injury, Bodily Injury, Property Damage, Premises and Operations, Contractual Liability, Independent Contractors and Advertising Injury. The policy limits shall not be less than the following: • Each occurrence $1,000,000 • General aggregate $2,000,000 • Personal and Advertising Liability $1,000,000 D-1 C. Business Automobile Liability ("BAL"). The Consultant shall maintain BAL coverage written on ISO form CA 00 01 or an industry equivalent. Coverage shall be applicable to all autos and other vehicles subject to compulsory auto liability laws that are owned, hired, rented or used by the Consultant and include automobiles not owned by but used on behalf of the Consultant. The BAL policy limits shall not be less than the following: • Combined single limit $1,000,000 D. Workers' Compensation/Employer's Liability. The Consultant shall maintain workers' compensation and employer's liability coverage with policy limits not less than the following: • Workers' Compensation(Coverage Part A) o Statutory • Employer's Liability(Coverage Part B) o $100,000 each accident o $500,000 disease—policy limit o $100,000 disease—each employee D-2 ACO® DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 9/15/2024 8/24/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). O PRODUCER Lockton Companies NAAMECT 444 W.47th Street, Suite 900 PHONE FAX (A/C,No,Eat): (A/C,No): Kansas City MO 64112-1906 E-MAIL (816)960-9000 ADDRESS: kcasu/&I0C1CtOn.COID INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Hartford Casualty Insurance Company 29424 INSURED GEORGE BUTLER ASSOCIATES,INC. INSURER B:Hartford Fire Insurance Company 19682 1402002 ATTN: SHAUN KOTWITZ INSURER C:Trumbull Insurance Company 27120 9801 RENNER BLVD. INSURER D: LENEXA KS 66219 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 14510970 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR NSD SWVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS TYPE OF INSURANCE (MMIDD/YYYY) (MMIDD/YYYY) B X COMMERCIAL GENERAL LIABILITY N N 37 UEN 0E5764 9/15/2023 9/15/2024 EACH OCCURRENCE $ 1,000,000 DAMAGE CLAIMS-MADE X OCCUR PREM SESO(Ea occurrence) $ 300,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X Ter LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY N N 37 UEN OL5808 9/15/2023 9/15/2024 COMBINED SINGLE LIMIT $ (Ea accident) 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ XXXXXXX OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS XXXXXXX HIRED NON-OWNED PROPERTY DAMAGE $ XXXXXXX AUTOS ONLY AUTOS ONLY (Per accident) $ XXXXXXX A X UMBRELLA LIAB X OCCUR N N 37 XHU OL5766 9/15/2023 9/15/2024 EACH OCCURRENCE $ 10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 10,000,000 DED RETENTION$ $ XXXXXXX WORKERS COMPENSATIONPER OTH- C AND EMPLOYERS'LIABILITY ,,/N 37 WE OL6H9S 9/15/2023 9/15/2024 X STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVEN/A E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 970 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 14510 CITY 97 SALIVA ACCORDANCE WITH THE POLICY PROVISIONS. OF300 W ASH STREET SALIVA KS 67401 AUTHORIZED REPRESENTATIV ) 41//‘ ©1988 015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ACORCERTIFICATE OF LIABILITY INSURANCE DATE AT(MM/DD4/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Holmes Murphy&Associates PHONE Monica Wilks FAX 2727 Grand Prairie Parkway INC.No.Ext): 816-857-7820 (A/C,No): Waukee IA 50263 ADDRESS: mwilks@holmesmurphy.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:XL Specialty Insurance 37885 INSURED GEOBUTPC INSURER B: George Butler Associates, Inc. 9801 Renner Blvd. INSURER C: Lenexa, KS 66219-9718 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1126945610 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTRINSD WVD POLICY NUMBER (MM/DD/YYYY) IMM/DD/YYYY), LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $ OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY — AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE, $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liability DPR50170269 9/15/2023 9/15/2024 Each Claim 5,000,000 Annual Aggregate 10,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project Reference:Consultant Services The Professional Liability policy includes an endorsement providing 30 days'notice of cancellation will be furnished to the certificate holder. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN The City of Salina, KS ACCORDANCE WITH THE POLICY PROVISIONS. Salina Parks and Recreation 300 W Ash AUTHORIZED REPRESENTATIVE Salina KS 67401 -KU; CD I i ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD