8.4 Agr 4th St Improvement CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE TIME
7/23/01 4:00 P.M.
AGENDA SECTION:
NO. 8
ORIGINATING DEPARTMENT:
Engineering & General Services
ITEM
NO. 4 BY: Shawn O'Le BY:
APPROVED FOR
AGENDA:
ITEM
Engineering Agreement for South Fourth Street Improvements.
BACKGROUND
This project involves the complete reconstruction of South Fourth Street between Cloud Street and Leslie
Avenue to address street and drainage issues in the area. This location has been identified for many years as
a priority for storm drainage improvements in conjunction with the replacement of a badly deteriorated
residential street. With the South Middle School expansion and rehabilitation project now under design by
USD305, it appears to be the ideal opportunity to coordinate the City's infrastructure project with the school
district's building and site improvements. A map of this location is attached for your information.
The engineering firm of Bucher, Willis & Ratliff Corporation has been selected for this project because they
are also performing the architectural services for the school district project. The South Middle School Project
will include on-site storm drainage improvements to mitigate the increase in storm water runoff generated
from the additional buildings and site improvements. The attached agreement for engineering services
addresses the scope of work, consultant's responsibilities, city's responsibilities, time schedule, fee and
general provisions. The agreement is written in a "cost plus fixed fee" format with an amount not to exceed
$49,004.37. 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 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 undermn the "amount
not to exceed".
The 2001 Capital Improvement Program allocates $150,000 in C.I.P. Planning. If approved, the cost of these
engineering services will be paid from that account. It is anticipated that the engineering design will be
complete by December, 2001. If authorized by the City Commission, the actual construction of these street
and drainage improvements would take place in 2002 in cooperation with the South Middle School
improvements.
RECOMMENDATION
It is recommended that the City Commission approve the engineering agreement with Bucher, Willis & Ratliff
Corporation for the South Fourth Street Improvements in the amount of $49,004.37.
Resolution No. 01-5734
Projoct ! ocation
AV CHARLOTTE
Z
LESLIE
South
Middle
School
ST
AV
South Fourth Street
Improvements
CLOUD
ALBERT
RAYMOND AV
AGREEMENT FOR ENGINEERING SERVICES
THIS AGR I:~.MENT, made and entered into this day of ,2001, by and between
the City of Salina, Kansas, hereinafter referred to as the "Owner", and Bucher, Willis & Ratliff Corporation
with offices located at 609 W. North Street, Salina, KS 67401, hereinafter referred to as the "Consultant."
W1TNESSETH:
WI-~REAS, the Owner desires to have the Consultant provide engineering services for 4th Street
Pavement and Drainage Reconstruction from Cloud Street to Leslie Street in Salina, Kansas, hereinafter
referred to as the "Project."
WHEREAS, the Owner has selected the Consultant to perform the services as described herein.
NOW, THEREFORE, the Owner and the Consultant in consideration of their mutual covenants herein
agree in matters pertaining to the performance or furnishing of professional engineering services by the
Consultant with respect to the Project and the payment for those services by the Owner as set forth below. This
Agreement will become effective on the date first above written.
ARTICLE I
CONSULTANT'S RESPONSIBILITIES
The Consultant shall perform for or furnish to the Owner professional engineering and related services
ia all phases of the Project to which this Agreement applies as hereinafter provided. The Consultant shall serve
as the Owner's prime design professional. The Consultant may employ subconsultants as Consultant deems
necessary to assist in the performance or furnishing of professional engineering and related services hereunder.
The Consultant shall not be required to employ any subconsultants which are unacceptable to the Consultant.
The standard of care for aH professional engineering and related services performed or furnished by the
Consultant under this Agreement will be the care and skill ordinarily used by members of the Consultant's
profession, practicing under similar conditions at the same time and in the same locality. The Consultant makes
no warranties, expressed or implied, under this Agreement or otherwise, in connection with the Consultant's
services.
ARTICLE II
SCOPE OF SERVICES
TO BE PROVIDED BY THE CONSULTANT
Design Phase Services
The Consultant, shall perform or furnish the necessary engineering and related services to enable the
Owner to negotiate with the Contractor and award a construction contract for the Project as stipulated herein. The
Consultant agrees to perform the following services:
1. Assemble and review available plans, studies and other pertinent data related to the existing
storm sewer system and the Project site.
~wm~x~.~.ax~_~_~.a~ Bucher, Willis & Ratliff Corporation - 1
Conduct a drainage study for the existing conditions along 4th Street and Cloud Street to
determine capacity and make recommendations to the Owner for improvements to remedy the
flooding conditions along 4th Street. Note: much of the calculations for the study have been
completed with previous projects.
Conduct field inspections and surveys necessary to perform design analysis, and prepare
reqtfired design, construction plans and technical specifications for the project.
Review alternative construction methods and procedures for Project with representatives of the
Owner and the Contractor.
5. Prepare, field check plans, and listing of technical specifications for the project.
6. Review field check plans with representatives of the Owner.
7. Perform final design and prepare office check plans for the Project.
o
Prepare technical specifications as needed for construction of the Project in accordance with the
office check plans.
9. Submit office check plans and specifications to the Owner for review.
10. Make revisions as necessary and submit final plans and Specifications for the project.
11.
Provide to the Owner one reproducible tracing for each sheet of the construction plans and one
set of reproducible technical specifications.
12. A detailed list of tasks for completion of this Project is inclUded in Attachment A.
Construction Phase Services
The Consultant agrees to perform the following services:
1. Services for the Construction Phase will be negotiated at a later date if desired by the Owner.
ARTICLE III
OWNER'S RESPONSIBILITIES
The Owner shall do the following in a timely manner so as not to delay the services of the Consultant
and shall bear all costs thereto:
Designate in writing a person to act as Owner's representative with respect to the services to be
performed or furnished by the Consultant 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 the Consultant's services for the Project.
Make available to the Consultant all existing records, plans, future loading and other information
possessed by Owner which are relevant to the Consultant in the completion of the work under this
Agreement.
~x~oo~x~m~a,,,~,,,,~,~x~_~,~,~ Bucher, Willis & Ratliff Corporation - 2
Be responsible for, and instruct the Consultant to rely upon, the accuracy and completeness of all
information furnished pursuant to this Article HI, Owner's Responsibilities. Consultant may use such
data and information in performing or furnishing services under this Agreement.
Arrange for access to and make all provisions for the Consultant to enter upon public property as
required for Consultant to perform services under this Agreement.
Give prompt written notice to Consultant whenever Owner observes or otherwise becomes aware of any
development that affects the Scope of Services or the Time Schedule of the Consultant in the
performance or furnishing of the required services for the Project, or any defect or nonconformance in
the Consultant's services or in the work of any Contractor.
ARTICLE IV
TIME SCHEDULE
Design Phase Services
The Consultant agrees to complete the services for which they are responsible prior to December 20,
2001 to facilitate a February 2002 letting date for the Project.
Construction Phase Services
Construction Phase Services shall be negotiated at a later date if desired by the Owner.
ARTICLE V
COMPENSATION
Design Phase
The Owner shall compensate the Consultant for the performance of Design Phase Services described in
Article II, Scope of Services as follows:
The sum of the following amounts:
Actual salary costs, overhead costs, computer costs and other direct project costs as shown on
the Consultant's accounting records.
2. A fixed fee of Five thousand six hundred seventy-six dollars and 54 cents ($5,676.54).
The total amount of compensation for Item A. as described in Article H, Scope of Services shall not
exceed Forty-nine thousand four dollars and thirty-seven cents ($49,004.37) without prior approval of the Owner.
(See Attachment A., Basis for Maximum Compensation.)
Payment for services described shall be made in installments billed not more frequently than once each
month upon receipt of invoices from the Consultant.
Payment shall be made to xhe Consultant by the Owner within thirty (30) days after receipt of
Consultant's invoice, ff the Owner fails to make any payment due the Consultant within thirty (30) days after
receipt of Consultant's invoice, the amounts due the Consultant will be increased at the rate of 1.5% per month
from said thirtieth day.
~',~m~atx~.~.ax~_~,.~,~ Bucher, Willis& Ratliff Corporation - 3
ARTICLE VI
GENERAL PROVISIONS
Times for Rendering Services: The Consultant's services and compensation under this Agreement have
been agreed to in anticipation of orderly and continuous progress of the Project through its completion.
Specific periods of time for rendering services are set forth in Article IV, Time Schedule, in this
Agreement, by which times defined services are to be completed. If such periods of time are changed
through no fault of the Consultant, the rates and amounts of compensation provided for therein shall be
subject to equitable adjustment.
If the Owner fails to give prompt written authorization to proceed with any phase of services after
completion of the immediately preceding phase, or does not proceed in an orderly and continuous
progression, the Consultant shall be entitled to equitable adjustment of rates and amounts of
compensations to reflect reasonable costs incurred by Consultant as a result of the delay or changes in
the various elements that comprise such rates of compensation.
Change in Scope: The scope of the work described in Article Il, Scope of Services, shall be subject to
modification or supplement upon the written agreement of the Owner and the Consultant. At the time
of such modification of scope, equitable adjustments, agreeable to both parties, shall be made in the time
of performance and the compensation to be paid for the services.
Reuse of Documents: All documents including plans and specifications provided or furnished by the
Consultant pursuant to this Agreement are instruments of service in respect of the Project and Consultant
shall retain an ownership and property interest therein whether or not the Project is completed. The
Owner may make and retain copies for the use of the Project by Owner and others; however, such
documents are not intended or suitable for reuse by Owner or others on extension of the Project or on
any other Project. Any such reuse without written approval or adaptation by the Consultant for the
specific purpose intended will be at the Owner's sole risk and without liability to the Consultant, and the
Owner shall indemnify and hold harmless the Consultant from all claims, damages, losses and expenses
including attorneys' fees arising out of or resulting therefrom.
Termination: This Agreement may be terminated by either party upon seven (7) 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;, 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 on the basis of the payment
provisions of this Agreement. Copies of all completed or partially completed design.~,, plans and
specifications prepared under this Agreement shall be delivered to the Owner when and ff this Agreement
is terminated, but it is mutually agreed by the parties that the Owner will use them solely in connection
with this Project, except with the written consent of the Consultant.
Controlling Law: This Agreement is to be governed by the law of the principal place of business of the
Consultant.
Professional Liability - Errors and Omissions: The Consultant shall provide Architects or Engineers
Professional Liability Insurance with limits not less than $500,000 each claim and annual aggregate
covering the liability of the Consultant and any and all consultants, agents which are employed or
u~r~x~mokx~.~x~_~_~ Bucher, Wt~lis & Ratliff Corporation - 4
10.
11.
12.
retained by the Consultant. The insurer must be acceptable to the City of Salina. In the event coverage
provided is claims made coverage, the insurance shall be maintained for a period of not less than three
(3) years after completion of the contract or in lien thereof purchase of tail coverage (extended reporting
period). Upon review of each project, the Deputy City Manager may require higher coverage limits.
In lieu of the above coverage, the Consultant may provide the described coverage for his own firm in the
above amount and submit proof all his consultants, agents and independent contractors have insurance
deemed adequate by the City of Salina.
Certificate~s) of Insurance: Certificate(s) of Insurance acceptable to the City shall be fried with the City
at the time the contract between the City and the Consultant is executed. These certificates shall contain
a provision that coverage that is afforded under the policies will not be canceled or substantially changed
until at least thirty (30) days prior written notice has been given to the City and acknowledged. Note:
If the Consultant is subject to worker's compensation law a certificate shall be provided.
Notice of Claim: The Consultant, upon receipt of notice of any claim in excess of $1,000 in connection
with this contract shall promptly notify the Deputy City Manager, (785) 826-7250, providing full details
thereof, including an estimate of the amount of loss or liability.
Dispute Resolution: In an effort to resolve any conflicts that arise during the design or construction of
the project or following the completion of the project, the Owner and the Consultant agree that all
disputes between them arising out of or relating to this Agreement shall be submitted to nonbinding
mediation, unless the parties mutually agree otherwise. .
The Owner and the Consultant further agree to include a similar mediation provision in all agreements
with independent contractors and consultants retained for the project and to require all independent
contractors and consultants also to include a similar mediation provision in all agreements with
subcontractors, subconsultants, suppliers or fabricators so retained, thereby providing for mediation as
the primary method for dispute resolution between the parties to those agreements.
Indemnification Clause: The Consultant agrees, to the fullest extent permitted by law to indemnify and
save harmless the City, its officials, officers, directors and employees from and again.qt all damages,
liabilities or costs, including reasonable attorney fees and defense costs, for personal injury or death or
damage to property to the extent caused by the Consultant's negligent acts, errors or omissions in the
performance of professional services.
Severabilitv: Any provision or part of the Agreement held to be void or unenforceable under any law
or regulation shall be deemed stricken and all remaining provisions shah continue to be valid and binding
upon the Owner and the Consultant, who agree that the Agreement shall be reformed to replace such
stricken provision or part thereof with a valid and enforceable provision that comes as close as possible
to expressing the intention of the stricken provision.
Notices: Any notice required~_under this Agreement will be in writing, addressed to the appropriate party
at the address which appears on the signature page to this Agreement (as modified in writing from time
to time by such party) and given personally, by registered or certified mail, return receipt requested, by
m~r~xrm~x~.~u~_,co~ Bucher, Willis & Ratliff Corporation - 5
facsimile or by a nationally recognized overnight courier service. All notices shall be effective upon the
date of receipt.
13.
Successors and Assigns: The Owner and Consultant each is hereby bound and the principals, successors,
executors, administrators, legal representatives and assigns of Owner and Consultant are hereby bound
to the other party to this Agreement and to the principals, successors, executors, administrators, legal
representatives and assigns of such other party in respect of all covenants and obligations of this
Agreement.
Neither the Owner nor the Consultant may assign, sublet, or transfer any fights under or interest
(including, but without limitation, moneys that are due or may become due) in 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 in this Agreement shall be construed to create, impose or give rise to any duty owed by the
Consultant to any Contractor, subcontractor, supplier, other person or entity, or to any surety for or
employee of any of them, or give any rights in or benefits under this Agreement to anyone other than the
Owner and the Consultant.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective as of the date
first above written.
OWNER:
CITY OF SALINA, KANSAS
By:
Title:
Kristin Seaton
Mayor
Date:
Address for'giving notiCes:
CONSULTANT:
BUCHER, WILLIS & RATI,IFF COPJ~RATION
William D. Strait, AICP
Title: Principal, Executive Vice President
Date:
Address for' giving notices:
Bucher, Willis & Ratliff Corporation
609 W. North Street
Salina~ Kansas 67401
u~t~x~mOkx~xs~_~_~ Bucher, Willis & Ratliff Corporation - 6
ATTACHMENT A
4th Street Pavement & Drainage Reconstruction from Cloud Street to Leslie Street
PROPOSAL FOR ENGINEERING SERVICES
SUMMARY OF PROPOSED AMOUNTS
July 16, 2001
GRADIN(~, DRAINAGE AND PAVEMENT PLANS ·
Fle~d Surveys
Estimated Costs
Fixed Fee
TOTAL COSTS PLUS FIXED FEE
Design
Estimated Costs
Total Estimated Cost
Fixed Fee
Total Fixed Fee
TOTAL COSTS PLUS FIXED FEE
TOTAL COSTS PLUS FIXED FEE
COST BREAKDOWN
Total Cost
TotaJ Fee
Total
42,622.54
6,381.83
49,004.37
$37,843.62
$5,676.54
$4,778.92
$7O5.29
$37,843.62
$5,676.54
$5,484.21
$43,520.16
$49,004.37
Page A- 1
ATTACHMENT A
4th Street Pavement & Drainage Reconstruction from Cloud Street to Leslie Street
PROPOSAL FOR ENGINEERING SERVICES
July 16, 2001
SURVEYING AND DATA COLLECTION
Section A. Salary Costs
POSITION TITLE
MANHOURS
RATE AMOUNT
TOTAL
Team Leader
Project Manager
Survey Party Chief
Surveyor
Technician
Sterio PlotterOperator
Section B. Overhead
Overhead on Direct Salary
0.00
0.00
47.50
49.00
0.00
0.00
1.8714
41.00 0.00
41.00 0.00
19.00 902.50
15.00 735.OO
20.00 0.00
19.00 0.00
1,637.50
1,637.50
3,064.42
Total Estimated Cost
4,701.92
Section C. Fixed Fee
Fixed Fee
705.29
Section D. Direct Expenses
Vehicle Mileage (Car)
Vehicle Mileage (Suburban)
Computer PC
Stereo Plotter
Other Direct Expenses
0
60
0
0
0.33 0.00
0.35 21.00
10.00 0.00
20.00 0.00
56.00
Total Surveying and Data Collection
77.00
$5,484.21
Page A-2
ATTACHMENT A
4th Street Pavement & Drainage Reconstruction from Cloud Street to Leslie Street
PROPOSAL FOR ENGINEERING SERVICES
July 16, 2000
DESIGN
Section A. Salary Costs
POSITION TITLE
MANHOURS RATE
AMOUNT SUBTOTAL
TOTAL
Team Leader 0 41.00
Project Manager 48 41.00
Project Engineer 0 33.00
Technician 18 22.00
Design Engineer 179 23.00
Drafter 0 12.50
Technician 112 20.00
Cadd Operator 210 19.50
Clerical 32 12.00
Section B. Overhead
Overhead on Direct Salary
Total Estimated Cost
Section C. Fixed Fee
Fixed Fee
Section D. Direct Expenses
Vehicle Mileage (Car)
Other Direct Expenses
Meals
Computer Intergraph Wkstation
Computer PC
Total Design
1.8714 13,179.50
0.00
1,947.50
0.00
396.00
4,117.00
0.00
2,240.00
4,095.OO
384.OO
0 0.325 0.00
0.00
0 8.00 0.00
0 10.00 0.00
0 10.00 0.00
13,179.50
24,664.12
37,843.62
5,676.54
0.00
$43,520.16
Page A-3
ATTACHMENT A
4th Street Pavement & Drainage Reconstruction from Cloud Street to Leslie Street
SURVEYING AND DATA COLLECTION
POSITION TITLE
RATE,
SURVEYING
Research
Ho~ontal Control
Ve~liCad Control
Utilities
Topo Survey
Base Map
Establish Right of Way
Travel Time
Meads
Mileage
"Teem Prelect Suwey Surveyor Tach Stereo Vehicle VehirJe C~mputer Stmo
Lea~r ~ Pa~ nloi~ P~fler MHo~ ~ PO P~er
Chl~ Ommor ~) ~)
41.~ 41.~ 19.00 15.00 20.~ 19.~ 0.~ 0.35 10~ ~.~
1.00
4.00 3.00
2.5O 2.00
2.00 2.00
16.00 16.00
4,00 16.00
16.00 8.00
2.00 2.00
Other
Expe~m
1 .OO
$56.00
SUBTOTAL HOURS 0.00 0.00 47.50 49.00 0.00 0.00 0.00 60.00 0.00 0.00 56.00
DIRECT LABOR AND EXPENSES 0.00 0.00 902.50 735.00 0.00 0.00 0.00 21.00 0.00 0.00 56.00
TOTAL DIRECT LABOR
OVERHEAD
LABOR -~ OVERHEAD
FIXED FEE
DIRECT COSTS
SUBTOTAL COSTS
COSTS + FIXED FEE
1,637.50
3;064.42
4,701.92
77.00
705.29
4,778.92
5,484.21
Page A-4
ATTACHMENT A
4th Street Pavement & Drainage Reconstruction from Cloud Street to Leslie Street
ROADWAY DESIGN FEE ESTIMATE
Po~rrloN T1TLE
RATE
DRAINAGE ~I'UDY
Review Prevteua stu~es
Sl~ new storm sew,a' Pipes
Locats a~d ~lze Irtlets
Re~e~t
Review w~ C~
12 2
1
2
1 4
1 12
2 2
0 17 0 0 26 0 8
0.00 697.00 0.00 0.00 5~8.00 0.00 I$0.00
I
4 8 0 0 0 0 0 0
70.00 96,00 0,00 0.00 0.00 0.00 0.00 0.00
0
10
11
12
13
14
15
10
17
10
FIF~,.D CHECK
0.25
0.2,5
0.25
0.50
0.50
0:2~
3.00
$.00
6 1
12
1
3
3
4
12
10
1
1
1
4
3
12
$
4
0
18
10
4
18
$
4
0 11.00 0 18 4~ 0 48 9~
0.00 451.00 0.00 3~.00 1,035.00 0.00 960.00 1,794.00
0
0
O.00
0
0.00
0
O.O0
o
0.00
OFFICE CHECK
Review Corem_eels Imm Field Check
2 Reid Check Minuets
3 Typical Secllon
4 Eatal~lltl Hodzont~ Alignment
6 Set New CX~o ProNe~
Page A-5
ATTACHMENT A
Street Pavement & Drainage Reconstruction from Cloud Street to Leslie Street
ROADWAY DESIGN FEE ESTIMATE
I PosITiON TITLE
a Match Odvea and Enb*an~s
b Layou~ Returm on Side
7 Break out Plan Prole ~,'mets
Sewer
g Joining Plans
10 TrsffJc Co~lml
11 ~ctiort Pha~ng
12 Pavement Design
14 Standards and Details
16 Spociflcalfms
17 Office Chec~ Meeting
18 Supe~on & Billings
Subto~
2 4
0.26 18 24
I 4 4
1 4 4
1
I 16
0,25 2 6 16
%00 24
2
3,00 3
0 13,50 0 0 76 0 32 82 18
0.00 553.50 0.00 0.00 1,748.00 0.00 640.00 1,590.00 216,00
, 07/10/01
'--'- -
10.00 1 10.00 ! 0.32S / 8.00 / I JO
0 0 0 0 0 0
0.~ 0.~ 0.~ 0.~ 0.~ 0,~
Ro~ooOd to OffiCe Ched~ Co~11anto
2 Rr~ SUIXTdt~
4.00 24 16 16
2.00 8 6 16
Subto~l 0
6.00 0 0 32 0 24 32 6
246.00 0,00 0.00 736,00 0,00 480.00 624.00 72.00
0 0 0 0 0 0
0.00 0,00 0.00 0.00 0.00 0.00
Subtot~ 0
0.00
0 0 0 0 0 0 0 0
0.00 0,00 0.00 0.00 0.00 0,00 0.00 0.00
0 0 0 0 0 0
0.00 0.00 0.00 0.00 0.00 0.00
SUBTOTAL HOURS 0,00 47.60
DIRECT LABOR AND EXPENSES 0.00 1,947.50
SUBTOTAL DIRECT LN~OR . 13,179.60
OVERHEAD 24,664.12
LABOR + OVERHEAD 37,843.62
RXED FEE 5,676.64
DIRECT COSTS 0.00
SUBTOTAL COSTS 37,843.62
TOTAL COSTS + FIXED FEE 43,620.15
0.00 18.00 179.00 0.O0 112.09 210.D0 32.00
0.00 306.00 4,117.00 0.00 2,240.00 4,06~.00 384.00 1
0.~ 0,~ 0.~ 0,~ 0.~ 0.~
0.~ 0,~ 0,~ 0,~ 0.~ 0.~
0.00
13,179..50
PageA-6