Traffic Study
,
..
AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF SALINA, KANSAS,
KANSAS WESLEYAN UNIVERSITY
And
WILSON & COMPANY, INc., ENGINEERS & ARCHITECTS
THIS IS AN AGREEMENT, made as of ¡::-.ebru.A.rý I.t> ,2006, between the City of Salina,
Kansas and Kansas Wesleyan University, Parties ofthe First Part, hereinafterreferred to as OWNER,
and Wilson & Company, Inc., Engineers & Architects, Party ofthe Second Part, hereinafter referred
to as ENGINEER. OWNER intends to complete a traffic study analyzing parking and traffic
circulation on the street network around Kansas Wesleyan University, and evaluate the impacts of
the closure of 4th Street.
The projects are expected to require traffic engineering and analysis, and include preparation of an
engineering report. OWNER and ENGINEER in consideration of their mutual covenants herein
agree in respect to the performance of professional engineering services by ENGINEER and the
payment for those services by OWNER as set forth below.
SECTION 1 - BASIC SERVICES OF ENGINEER
1.1. General. ENGINEER shall provide for OWNER professional engineering and surveying for
studies, design and construction phase services.
1.2. Kansas Wesleyan University Traffic Study. This scope of services includes the necessary
data collection, analysis, documentation and coordination to assess the traffic and parking
impacts of the possible closure of two streets near the Kansas Wesleyan University (KWU)
campus. The first of these potential closures would be 4th Street between Cloud and Claflin,
proposed to be implemented in 2006. The street would be closed and the existing right-of-way
used for parking. The second closure would be of Claflin Street between Highland and 4th Street.
Again, the street would be modified to provide additional parking. This scenario is a long range
objective of the University, and has no specified timeframe. It would be analyzed assuming the
4th Street closure had occurred. The analysis will consider the morning and evening peaks as well
as a post-event period at the KWU student activities center.
1.2.1. - Data collection
a) Collect traffic counts at the following intersections during the morning, evening
and post-event periods to establish a baseline of conditions. The AM peak hour will be
selected to coincide with the peak time at Sacred Heart School as well as the peak in
commuter traffic. The post-event traffic volumes will be counted during a half-hour period
on a representative evening without an event.
Page 1 of 11
- Cloud/Osborne
- Cloud/9th
. - Claflin/Cloud
- Claflin/4th
- Claflin/9th
- Claflin/Santa Fe
- Claflin/Osborne
- Kirwin/4th
- Kirwin/9th
- Kirwin/Santa Fe
b) Parking occupancy of on-street and private KWU spaces will be inventoried on a
representative non-event evening to establish a baseline of conditions. This will be done for
an area bounded by Jewell, Highland, Quincy and Cloud.
c) Current on-street parking restrictions will be inventoried within the study area.
1.2.2. - Parking Analysis. An assessment will be made of the area of coverage of on-street
and parking lot parking associated with an event at the KWU student activities center. This
scenario will assume that the 1200-seat arena is filled. This assessment provides the basis
for analyzing traffic associated with the post-event condition.
1.2.3. -Traffic Analysis.
1.2.3.1. 4th Street Closure - Level of service analysis will be conducted of existing
conditions for the 3 time periods at the intersections of Cloud with 9th and Osborne, and
the intersections of Claflin with 9t\ Santa Fe, and Osborne. The analysis of the AM and
PM peak hour conditions will be repeated assuming that 4th Street is closed.
Recommendations for intersection improvements, as well as roadway improvements
along Osborne Street, will be developed from the results of the analysis. For the post-
event period, it will be assumed that 4th Street is closed, and that an event is unloading at
the student activities center. This scenario will also assume that the 1200-seat arena is
filled. Impacts to operations will be identified and potential mitigation measures
identified and recommended with associated costs.
1.2.3.2. Claflin Avenue Closure (assumes 4th has been closed) - Level of service analysis
will be conducted of existing conditions for the 3 time periods at the intersections of
Kirwin with 4t\ 9th and Santa Fe. The analysis of the AM and PM peak hour conditions
will be repeated assuming that Claflin Avenue is closed. For the post-event period, it will
be assumed that Claflin Avenue is closed, and that an event is unloading at the student
activities center. This scenario will also assume that the 1200-seat arena is filled. Impacts
to operations will be identified and potential mitigation measures identified and
recommended with associated costs.
1.2.4. - Draft and Final Report. A draft report documenting the data collection, analysis,
findings and recommendations of the study will be submitted for review by City and KWU
staff. Consultant staff will meet with City and KWU staff to receive comments for
incorporation into the final report.
Page 2 of 11
1.2.5. -Planning Commission Presentation. One presentation will be made to the City
Planning Commission regarding the process and findings of these analyses.
SECTION 2 - ADDITIONAL SERVICES OF ENGINEER
2.1. Services Requiring Authorization in Advance.
If authorized in writing by OWNER, ENGINEER shall furnish or obtain from others Additional
Services of the types listed in paragraphs 2.1.1 through 2.1.5, inclusive. These services are not
included as part of Basic Services. These Additional Services will be paid for by OWNER as
indicated in Section 5.
2.1.1. Services resulting from significant changes in the general scope, extent or character of
the Project or its design including, but not limited to, changes in size, complexity, OWNER's
schedule, character of construction or method of financing; and revising previously accepted
studies, reports, design documents or Contract Documents when such revisions are required by
changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the
preparation of such studies, reports or documents, or are due to any other causes beyond
ENGINEER's control.
2.1.2. Investigations and studies involving, but not limited to, detailed consideration of
operations, maintenance and overhead expenses; providing value engineering during the course
of design; the preparation of feasibility studies, cash flow and economic evaluations, rate
schedules and appraisals; assistance in obtaining financing for the Project; evaluating processes
available for licensing and assisting OWNER in obtaining process licensing; detailed quantity
surveys of material, equipment and labor; and audits or inventories required in connection with
construction performed by OWNER.
2.1.3. Furnishing services of independent professional associates and consultants for other than
Basic Services for customary civil engineering, surveying, and geotechnical design; and
providing data or services of the types described in paragraph 3.4 when OWNER employs
ENGINEER to provide such data or services in lieu of furnishing the same in accordance with
paragraph 3.4.
2.1.4. Providing any type of engineering surveys and staking to enable Contractor( s) to proceed
with their work; and providing other special field surveys.
2.1.5. Additional services in connection with the Project, including services which are to be
furnished by OWNER in accordance with Section 3, and services not otherwise provided for in
this Agreement.
2.2. Required Additional Services. None identified at this time.
Page 3 of 11
SECTION 3 - OWNER'S RESPONSIBILITIES
OWNER shall do the following in a timely manner so as not to delay the services of ENGINEER:
3.1. Designate a person to act as OWNER's representative with respect to the services to be
rendered under this Agreement. Such person shall have complete authority to transmit instructions,
receive information, interpret and define OWNER's policies and decisions with respect to
ENGINEER's services for the Project.
3.2. Provide all criteria and full information as to OWNER's requirements for the Project, including
design objectives and constraints, space, capacity and performance requirements, flexibility and
expandability, and any budgetary limitations; and furnish copies of all design and construction
standards which OWNER will require to be included in the Drawings and Specifications.
3.3. Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to
the Project, including previous reports and any other data relative to design or construction of the
Project.
3.4. Furnish to ENGINEER, as required for performance of ENGINEER's Basic Services the
following:
3.4.1. Other special data or consultations not covered in Section 2;
all of which ENGINEER may use and rely upon in performing services under this Agreement.
3.5. Arrange for access to and make all provisions for ENGINEER to enter upon public and private
property as required for ENGINEER to perform services under this Agreement.
3.6. Examine all studies, reports, sketches, Drawings, Specifications, proposals and other
documents presented by ENGINEER, obtain advice of an attorney, insurance counselor and other
consultants as OWNER deems appropriate for such examination and render in writing decisions
pertaining thereto within a reasonable time so as not to delay the services of ENGINEER.
3.7. Provide such accounting, independent cost estimating and insurance counseling services as may
be required for the Project, such legal services as OWNER may require or ENGINEER may
reasonably request with regard to legal issues pertaining to the Project.
3.8. Furnish to ENGINEER data or estimated figures as to OWNER's anticipated costs for services
to be provided by others for OWNER so that ENGINEER may make the necessary findings to
support opinions of probable Total Project Costs.
3.9. Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes
aware of any development that affects the scope or timing of ENGINEER's services.
Page 4 of 11
3.10. Furnish, or direct ENGINEER to provide, Additional Services as stipulated in paragraph 2.1 of
this Agreement or other services as required.
3.11. Bear all costs incident to compliance with the requirements of this Section 3.
SECTION 4 - PERIODS OF SERVICE
4.1. The provisions of this Section 4 and the various rates of compensation for ENGINEER's
services provided for elsewhere in this Agreement have been agreed to in anticipation of the orderly
and continuous progress ofthe Project through completion ofthe surveys, study and design phases.
ENGINEER's obligation to render services hereunder will extend for a period which may reasonably
be required. If specific periods of time for rendering services are set forth or specific dates by which
services are to be completed are provided and if such dates are exceeded through no fault of
ENGINEER, all rates, measures and amounts of compensation provided herein shall be subject to
equitable adjustment.
4.2. The services described in paragraph 1.1 shall be completed as outlined below:
A preliminary report and presentation to OWNER shall be completed within 90 calendar days after
notice to proceed. Completion ofthe final report and presentation to the City Planning Commission
shall be completed within 150 calendar days after notice to proceed.
4.3. The periods of service for the professional engineering services not specifically included in the
above sections shall be negotiated at a later date by Supplemental Agreement.
SECTION 5 - PAYMENTS TO ENGINEER, COST PLUS A FIXED FEE METHOD OF
PAYMENT
5.1. Methods of Payment for Services and Expenses of ENGINEER.
5.1.1. For Basic Services. OWNER shall pay ENGINEER for Basic Services rendered under
Section I as follows:
5.1.1.1. Fee and Method of Payment. For the services described herein, the OWNER
agrees to pay the ENGINEER on a cost plus fixed fee basis. The ESTIMATED TOTAL
PAYMENT shown below shall not be exceeded without authorization by the OWNER.
Payments for the ENGINEER's costs shall be based on actual costs incurred in providing the
services described. However, the fixed fee shall be exactly the amount stated below unless
revisions are made by supplemental agreement to the Scope of Services, in which case, the
amount of the fixed fee and the estimated cost payable to the ENGINEER shall be revised
accordingly. Payments shall compensate the ENGINEER for all direct labor costs,
reimbursable expenses, overhead rate (currently at 1.75), fixed fee and all other direct costs
in providing the services. TOTAL PAYMENT to the ENGINEER for the services described
is estimated to be as follows:
Page 5 of 11
Scope
Section Total
Number Description I Task Fee
1.2.1 Data collection $1,021
1.2.2 Parking analvsis $5,585
1.2.3.1 Traffic analysis - 4th Closure $6,257
1.2.3.2 Traffic analysis - Claflin Closure $3,954
1.2.4 Draft and final report $13,669
1.2.5 Planning commission presentation $4,036
Total $34,522
5.1.2. Additional Services. OWNER shall pay ENGINEER for Additional Services rendered
under Section 2 as follows:
5.1.2.1. General. For Additional Services of ENGINEER's principals and employees
engaged directly on the Project and rendered pursuant to paragraph 2.1, on the basis of
ENGINEER's Director Labor Costs, plus Reimbursable Expenses, plus Direct Labor
Costs times a factor of 1. 7 5 plus a fixed fee of 15 percent of all costs.
5.1.2.2. Professional Associates and Consultants. For services and Reimbursable
Expenses of independent professional associates and consultants employed by
ENGINEER to render Additional Services pursuant to paragraph 2.1, the amount billed to
ENGINEER.
5.1.3. The terms "Direct Labor Costs" and "Reimbursable Expenses" have the meanings
assigned to them in paragraph 5.4.
5.2. Times of Payments.
5.2.1. ENGINEER shall submit statements at four-week intervals for Basic and Additional
Services rendered. The charge on account of the fixed fee will be based upon ENGINEER's
estimate of the proportion of the total services actually completed at the time of billing.
OWNER shall make prompt monthly payments in response to ENGINEER's monthly
statements.
5.3. Other Provisions Concerning Payments.
5.3.1. In the event oftermination by OWNER under paragraph 7.1 upon the completion of any
phase ofthe Basic Services, progress payments due ENGINEER for services rendered through
such phase shall constitute total payment for such services. In the event of such termination by
OWNER during any phase ofthe Basic Services, ENGINEER also will be reimbursed for the
charges of independent professional associates and consultants employed by ENGINEER to
render Basic Services, and paid for services rendered during that phase on the basis of
ENGINEER's Direct Labor Costs, plus Reimbursable Expenses, plus Direct Labor Costs times
Page 6 of 11
.
.
a factor of the overhead rate plus a fee of 15 percent of all costs for services rendered during
that phase to date oftermination by ENGINEER's principals and employees engaged directly
on the Project. In the event of any such termination, ENGINEER will be paid for all unpaid
Additional Services.
5.3.2. Records of ENGINEER's Direct Labor Costs pertinent to ENGINEER's compensation
under this Agreement will be kept in accordance with generally accepted accounting practices.
Copies will be made available to OWNER on request.
5.4. Definitions.
5.4.1. Direct Labor Costs used as a basis for payment mean salaries and wages, basic and
incentive, paid to all ENGINEER's personnel engaged directly on the Project, including, but
not limited to, engineers, surveyors, designers, draftsmen, specification writers, estimators,
other technical and business personnel; and includes indirect payroll related costs or fringe
benefits.
5.4.2. Reimbursable Expenses mean the actual expenses incurred by ENGINEER or
ENGINEER's independent professional associates or consultants, directly or indirectly in
connection with the Project, such as expenses for: transportation and subsistence incidental
thereto; reproduction of reports, Drawings, Specifications, expenses incurred for computer time
and other highly specialized equipment, and similar project-related items in addition to those
required under Section 1.
SECTION 6 - OPINIONS OF COST
6.1. Opinions of Cost.
6.1.1. Since ENGINEER has no control over the cost of labor, materials, equipment or
services furnished by others, or over the Contractor( s)' methods of determining prices, or over
competitive bidding or market conditions, ENGINEER's opinion of probable Construction
Cost provided for herein are to be made on the basis of ENGINEER's experience and
qualifications and represent ENGINEER's best judgment as an experienced and qualified
professional engineer, familiar with the construction industry; but ENGINEER cannot and does
not guarantee that proposals, bids or actual Total Project or Construction Costs will not vary
from opinions of probable cost prepared by ENGINEER. Ifprior to the Bidding or Negotiating
Phase, OWNER wishes greater assurance as to Total Project or Construction Costs, OWNER
shall employ an independent cost estimator as provided in paragraph 3.7.
Page 7 of 11
SECTION 7 - GENERAL CONSIDERATION
7.1. Termination.
7.1.1. The obligation to provide further services under this Agreement may be terminated by
either party upon thirty days' written notice in the event of substantial failure by the other party
to perform in accordance with the terms hereof through no fault of the terminating party.
7.2. Reuse of Documents.
7.2.1. All documents including Drawings and Specifications prepared or furnished by
ENGINEER (and ENGINEER's independent professional associates and consultants) pursuant
to this Agreement are instruments of service in respect ofthe Project and ENGINEER shall
retain an ownership and property interest therein whether or not the Project is completed.
OWNER may make and retain copies for information and reference in connection with the use
and occupancy of the Project by OWNER and others; however, such documents are not
intended or represented to be suitable for reuse by OWNER or others on extensions of the
Project or on any other project. Any reuse without written verification or adaptation by
ENGINEER for the specific purpose intended will be at OWNER's sole risk and without
liability or legal exposure to ENGINEER, or to ENGINEER's independent professional
associates or consultants, and OWNER shall indemnify and hold harmless ENGINEER and
ENGINEER's independent professional associates and consultants from all claims, damages,
losses and expenses including attorneys' fees arising out of or resulting therefrom. Any such
verification or adaptation will entitle ENGINEER to further compensation at rates to be agreed
upon by OWNER and ENGINEER.
7.3. Insurance.
7.3.1. Commercial General Liability
The ENGINEER shall provide public liability insurance coverage in an amount no less than
$500,000 covering the liability of the ENGINEER and any and all consultants, agents,
independent contractors, etc., which are employed or retained by the ENGINEER, on an
occurrence basis. The insurer must be acceptable to the OWNER.
In lieu of the above coverage, the ENGINEER may provide coverage for his own firm in the
above amount or an additional amount and submit proof all his consultants, agents and
independent contractors have insurance deemed adequate by the OWNER.
7.3.2. Automobile Liability
The ENGINEER shall provide coverage protecting the ENGINEER against claims for bodily
injury and/or property damage arising out ofthe ownership or use of any owned, hired and/or
non-owned vehicle. Required minimum limits: $300,000 each accident, combined single
limits, bodily injury and property damage.
Page 8 of 11
7.3.3. Workers Compensation
Before beginning work, the ENGINEER shall furnish to the OWNER satisfactoryproofthat he
has taken out, for the period covered by the work under this contract, full workers'
compensation coverage as required by state law for all persons who he may employ directly in
carrying out the work contemplated under this contract, and shall hold the OWNER free and
harmless for all personal injuries of all persons who the ENGINEER may employ directly.
ENGINEER shall require all his consultants, agents and independent contractors have
insurance deemed adequate by the OWNER.
7.3.4. Professional Liability - Errors and Omissions
The ENGINEER shall provide Architects or Engineers Professional Liability Insurance with
limits not less than $500,000, covering the liability of the ENGINEER. The insurer must be
acceptable to the OWNER. 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 lieu thereof purchase of tail coverage (extended reporting period) under
which the OWNER shall be afforded protection.
ENGINEER shall require and submit proof all his consultants, agents and independent
contractors have insurance deemed adequate by the OWNER.
7.3.5. Certificate(s) ofInsurance
Certificate(s) of Insurance acceptable to the OWNER shall be filed with the OWNER at the
time the contract between the OWNER and the ENGINEER is executed, if requested by
OWNER. These certificates shall contain a provisions that coverage that is afforded under the
policies will not be cancelled until at least thirty (30) days prior written notice has been given
to the OWNER and acknowledged.
7.3.6. Notice of Claim
The ENGINEER, upon receipt of notice of any claim in excess of $1 ,000 in connection with
this contract shall promptly notify the OWNER, providing full details thereof, including an
estimate of the amount or loss of liability.
7.3.7 Indemnification Clause
The ENGINEER agrees to indemnify and save harmless the OWNER, its officials, servants,
officers, directors and employees from and against all expenses and judgments for personal
injury or death or damage to property where, and to the extent caused by the ENGINEER's
negligent acts, errors or omissions.
7.4. Controlling Law.
7.4.1. This Agreement is to be governed by the law of the State of Kansas.
7.5. Successors and Assigns.
Page 9 of 11
7.5.1. OWNER and ENGINEER each is hereby bound and the partners, successors, executors,
administrators and legal representatives of OWNER and ENGINEER (and to the extent
permitted by paragraph 7.5.2 the assigns of OWNER and ENGINEER) are hereby bound to the
other party to this Agreement and to the partners, successors, executors, administrators and
legal representatives (and said assigns) of such other party, in respect of all covenants,
agreements and obligations of this Agreement.
7.5.2. Neither OWNER nor ENGINEER shall assign, sublet or transfer any rights under or
interest in (including, but without limitation, moneys that may become due or moneys that are
due) this Agreement without the written consent of the other, except to the extent that any
assignment, subletting or transfer is mandated by law or the effect of this limitation may be
restricted by law. Unless specifically stated to the contrary in any written consent to an
assignment, no assignment will release or discharge the assignor from any duty or
responsibility under this Agreement. Nothing contained in this paragraph shall prevent
ENGINEER from employing such independent professional associates and consultants as
ENGINEER may deem appropriate to assist in the performance of services hereunder.
7.5.3. Nothing under this Agreement shall be construed to give any rights or benefits in this
Agreement to anyone other than OWNER and ENGINEER, and all duties and responsibilities
undertaken pursuant to this Agreement will be for the sole and exclusive benefit of OWNER
and ENGINEER and not for the benefit of any other party.
Page 10 of 11
This Agreement (consisting of pages I to II, inclusive) constitutes the entire agreement between
OWNER and ENGINEER and supersedes all prior written or oral understandings. This Agreement
may only be amended, supplemented, modified or canceled by a duly executed written instrument.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as ofthe day
and year first above written.
OWNER:
ENGINEER:
City of Salina, Kansas
Wilson & Company, Inc.,
Engineers & Architects
1700 E. Iron Avenue
Salina, Kansas 67401
Recommended by:
3~.E.
City Engineer
AP1JJ:w ~,
Deborah P. Divine
Mayor
ff;/h.~
Tim M. Miles, P.E.
Project Engineer
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Lieu Ann Elsey
City Clerk
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Kansas Wesleyan University
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Page 11 of 11
KWU Area traffic and Parking Study
COST DATA - Hourly Rates, Overhead & Markup
P7 $55.00 OH 1.7500
P6 $55.00 Markup 15%
P2 $24.00
OD5 $31.00
Prepared By: TM Eisenbraun
01/20/06
Filename: K:\trans\x5002\KWU fee.xls
LABOR COSTS
Scope Direct Total
Section Total Labor OH WCEA
Number Description / Task P7 P6 P2 OD5 Hrs Cost Cost Markup Fee
1.2.1 Data collection 4 4 8 $316 $553 $130 $999
1.2.2 ParkinQ analysis 18 32 50 $1,758 $3,077 $725 $5,560
1.2.3.1 Traffic analysis - 4th Closure 14 24 38 $1,346 $2,356 $555 $4,257
1.2.3.2 Traffic analysis - Claflin Closure 10 16 26 $934 $1,635 $385 $2,954
1.2.4 Draft and final report 2 34 40 40 116 $4,180 $7,315 $1,724 $13,219
1.2.5 PlanninQ commission presentation 2 8 8 16 34 $1,238 $2,167 $511 $3,916
Totals 4 88 124 56 272 $9,772 $17,103 $4,030 $30,905
DIRECT EXPENSES
Unit Total
Item / Description No. Cost Cost
Mileage 40 $0.55 $22
PrintinQ/Plotting:
Draft report 20 $15 $300
Final report 10 $15 $150
Color Plots for Displays/Meetings 4 $30 $120
Miscellaneous Costs 1 $25.00 $25
Thomas Brown, Inc. - Traffic Data Collection 1 $3,000.00 $3,000
Total Direct Expense Cost $3,617
Markup on Expenses (N/A) $0
Total Expenses $3,617
Total
Item / Description Cost
Total Direct Labor Cost $9,772
Total OH Cost $17,103
Total Direct Expense Cost $3,617
Total Markup $4,030
Total Fee $34,522
INII.S " IV
& COM PANY