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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