8.2b Agr 1995 CIP Design ORIGINAL
BETWEEN
OWNER AND ENGINEER
FOR PROFESSIONAL SERVICES
THIS IS AN AGREEMENT, made as of ,1995, between the City of
Salina, Kansas (OWNER) and Kirkham, Michael & Associates, Inc., with an office at 308 North
Douglas, Ellsworth, Kansas, (ENGINEER). OWNER intends, to reconstruct the intersection of
South Ninth Street and Broadway Boulevard. It is anticipated that the project will begin on South
Ninth Street at approximately Mercury Avenue, and continue north on Ninth Street to the
intersection with Cloud Street. On Broadway Boulevard, the project wi_Il extend fi.om the
intersection with Ninth Street to the northwest approximately 700 feet, which will result in the
improvements ending prior to the intersection with Hageman Avenue. The improvements (Project)
covered by this Agreement shall include the engineering services required to complete the field
surveys, preliminary and final design, plan preparation, quantity calculations and cost estimates for
the proposed improvements to the Ninth and Broadway Corridor. OWNER and ENGINEER in
consideration of their mutual covenants herein agree in respect of 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
1.1.1. ENGINEER shall provide for OWNER professional engineering services in all the
phases of the Project to which this Agreement applies as hereinafter provided. These services will
include serving as OWNER's professional engineering representative for the Project, providing
professional engineering consultation and advice and furnishing customary civil engineering services.
The proposed schedule for this project is shown in Exhibit "A".
1.2. Study and Report Phase. After written authorization to proceed, ENGINEER shall:
1.2.1. A total of four meetings are proposed throughout the course of the project. A kick-
off meeting shall be held prior to the development of alternative concepts and the traffic analysis.
The second meeting will be to review the alternative concepts with the OWNER and to receive
approval to begin preliminary design on the recommended alternative. Meetings are also scheduled
at the end of the preliminary and final design phases to address OWNER review comments prior to
beginning the next phase.
1.2.2. Advise OWNER as to the necessity of OWNER's providing or obtaining from others
data or services of the types described in paragraph 3.3, and assist OWNER in obtaining such data
and services.
1.2.3. Prepare a Report containing sketches and conceptual design criteria with appropriate
exhibits to indicate clearIy the considerations involved and the alternative solutions available to
OWNER and setting forth ENGINEER's findings and recommendations. This Report will be
accompanied by engineer's opinion of probable costs for the Project, including the following which
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will be separately itemized: Construction Cost, and for other services to be provided by others for
OWNER pursuant to paragraphs 3.6 and 3.7. The total of all such costs, allowances, etc. are
hereinafter called "Total Project Costs".
1.2.4. The duties and responsibilities of ENGINEER during the Study and Report Phase are
as follows:
A. Perform all necessary field surveys and measurements required for the Study
and Final Design.
B. Coordinate necessary subsurface soil investigations with a geotechnical firm
pursuant to paragraph 3.4.
C. Prepare Study and Report phase documents. ENGINEER will review the
traffic study previously prepared for this intersection. In addition, ENGINEER will perform an
analysis of alternative concepts to improve traffic operations through the intersection. A total of two
to four alternatives will be developed for presentation to the OWNER. The alternatives will also
consider providing an economical design that utilizes as much of the existing pavement as possible.
D. Life-cycle cost analysis of the three alternates is not included as part of Basic
Services.
E. At completion of the Study and Report Phase, ENGINEER shall furnish five
copies of the Study and Report documents and present and review them with the OWNER. The
Study and Report Phase shall be completed and the Report submitted within 45 calendar days
following written authorization from OWNER to ENGINEER to proceed with that phase of
services.
1.3. Preliminary Design Phase. Sufficient preliminary design shall be performed to show the plan
elevation, typical section of the proposed improvements the tentative grade lines, drainage, utility
conflicts, proposed pavement geometrics, channelization, limits of construction and any other
relevant impacts. The OWNER shall provide a set of sample plans indicating the format to be used
on this project. The ENGINEER shall prepare an estimate of quantities and a statement of probable
costs based on the preliminary design of the proposed improvements.
1.3.1 At the conclusion of the preliminary design, a brief narrative report shall be furnished
which will include the following items:
a. Description of the proposed improvements.
b. Technical memos of all meetings with affected parties.
c. Preliminary traffic study.
d. Appropriate computations relating to the preliminary design.
e. Drainage report.
f. Soils report.
g. Miscellaneous correspondence and information related to the project.
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1.4. Final Design Phase. After written authorization to proceed with the Final Design Phase,
ENGINEER shall:
1.4.1. On the basis of the accepted Study and Report documents and the opinion of probable
Total prOject Costs, prepare for incorporation in the Contract Documents final drawings to show the
general scope, extent and character of the work to be furnished and performed by Contractor(s)
(hereinafter called "Drawings") and Specifications (which will be prepared using City specifications).
1.4.2. Advise OWNER of any adjustments to the latest opinion of probable Total Project
Costs caused by changes in general scope, extent or character, or design requirements of the Project
or Construction Costs. Furnish to OWNER a revised opinion ofprobable Total Project Costs based
on the Drawings and Specifications.
1.4.3. The duties and responsibilities of ENGINEER during the Final Design Phase are as
follows:
A. Prepare drawings and specifications based on recommended and approved
alternate.
B. Upon receipt of the preliminary design review comments, the ENGINEER shall
begin work on the final design of the proposed improvements. The construction plans and
specifications shall be prepared to comply with the City of Salina Standard Specifications. The
quantities and statement of probable costs developed for the preliminary design will be updated to
reflect modifications to the final plan documents. The plan set shall consist of the following sheets:
Sheet Scale
Cover Sheet N/A
Typical Sections N/A
Plan and Profile 1" = 50'
Construction and Removals 1" = 20'
Drainage 1" = 20'
Joint Plan and Spot Elevations 1" = 20'
Sewer Profiles to be determined
Constr. Sequencing/Barricading to be determined
Traffic Signal 1" = 20'
Cross Sections to be determined
C. Traffic signal plans shall be developed for the intersection of Ninth Street and
Broadway Boulevard. Based on the concept recommended in the previous traffic study, it is also
anticipated that the traffic signal at the intersection of Ninth Street and Otto Avenue will require
some modifications. The OWNER shall provide a sample set of plans and specifications from a
recent traffic signal project to be used as a guide.
D. The ENGINEER shall prepare a construction phasing plan to illustrate the
proposed reconstruction sequence of the improvements. This phasing plan shall be developed to
maintain traffic through the intersection during construction, and to mi~ze impacts to adjacent
properties.
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E. At completion of the Final Design Phase, ENGINEER shall furnish two copies of
the Contract Documents and present and review them with the OWNER. The Final Design Phase
shall be completed and Contract Documents and ENGINEER's opinion of costs submitted within
120 calendar days following written authorization from OWNER to ENGrNEER to proceed with
that phase of services.
F. Upon receipt of review comments from the OWNER, ENGINEER shall
incorporate the comments into the Contract Documents and furnish two copies of the Final Contract
Documents to the OWNER. The Final Contract Documents shall be completed and submitted within
10 working days from receipt of review comments.
1.5. Project Bidding. Scope and fee to be negotiated at a later date by a Supplemental
Agreement.
1.6. Construction-Related Engineering Services. Scope and fee to be negotiated at a later date
by a Supplemental Agreement.
1.7. Resident Project Representative Services. Scope and fee to be negotiated at a later date
by a Supplemental Agreement.
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 2.1.9., 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 to make measured drawings of or to investigate existing conditions or
facilities, or to verify the accuracy of drawings or other information furnished by OWNER.
2.1.2. Service 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 or~lers enacted subsequent to the preparation of such
studies, reports, or documents, or are due to any other causes beyond ENGINEER's control.
2.1.3. Preparing documents for alternate bids requested by OWNER for Contractor(s)' work
which is not executed or documents for out-of-sequence work.
2.1.4. 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,
L:x34~SALINA2.CNT Page 4 of 12
equipment and labor; and audits or inventories required in connection with construction performed
by OWNER.
2.1.5. Furnishing services of independent professional associates and consultants for other
than Basic Services for customary civil engineering; and providing data or services of the types
described in paragraph 3.4 when OWNER employees ENGINEER to provide such data or services
in lieu of furnishing the same in accordance with paragraph 3.4.
2.1.6. Services during out-of-town travel required of ENGINEER other than visits to the
site or OWNER's office as required by Section 1.
2.1.7. Providing any type of engineering surveys and staking to enable Contractor(s) to
proceed with their work; and providing other special field surveys.
2.1.8. Preparing to serve or serving as consultant or witness for OWNER in any litigation,
arbitration, or other legal or administrative proceeding involving the Project.
2.1.9. 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. Not Used.
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 in writing 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 with 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:
314.1. Data prepared by or services of others, including without limitation: borings,
probings, and subsurface explorations, laboratory tests and inspections of samples and materials;
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3.4.2. Appropriate professional interpretations of all of the foregoing;
3.4.3. 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 ali provisions for ENGFNEER 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.
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 of the Project through completion of the Final Design Phase. ENGINEER's
obligation to render services hereunder will extend for a period which may reasonably be required. If
specific periods &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 the ENGINEER, all
rates, measures, and amounts of compensation provided herein shall be subject to equitable
adjustment.
4.2. The services called for in the Study and Report Phase will be completed and the Report
submitted within the stipulated period indicated in paragraph 1.2.4., after written authorization to
proceed with that phase of services which will be given by OWNER within forty-five (45) days after
ENGINEER has signed this Agreement.
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4.3. After acceptance by OWNER of the Study and Report Phase documents indicating any
specific modifications or changes in the general scope, extent, or character of the Project desired by
OWNER, and upon written authorization from OWNER, ENGINEER shall proceed with the
performance of the services called for in the Final Design Phase; and shall deliver Contract
Documents and a revised opinion of probable Total Project Costs for all work of Contractor(s) on
the Project within the stipulated period indicated in paragraph 1.4.3.
4.4. ENGINEER's services under the Study and Report Phase and Final Design Phase shall each
be considered completed at the earlier of.' (1) the date when the submissions for that phase have
been accepted by OWNER, or; (2) thirty days after the date when such submissions are delivered to
OWNER for final acceptance.
4.5. If OWNER has requested significant modifications or changes in the general scope, extent, or
character of the Project, the time of performance of ENGINEER's services shall be adjusted
equitably.
4.6. If ENGINEER's services for design of the Project are delayed or suspended in whole or in
part by OWNER for more than three months for reasons beyond ENGINEER's control, ENGINEER
shall on written demand to OWNER (but without termination of this agreement) be paid as provided
in paragraph 5.3.2. If such delay or suspension extends for more than one year for reasons beyond
ENGINEER's control, the various rates of compensation provided for elsewhere in this agreement
shall be subject to equitable adjustments.
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 1 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 1.5107), 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:
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Estimated Fixed Estimated Cost
Project Description Cost Fee Plus Fixed Fee
Section 1.2
Study and Report Phase $14,400.00 $1,70I .00 $16,101.00
Section 1.4
Final Design Phase $37,523.00 $4,675.00 $42,198.00
ESTIMATED TOTAL PAYMENT $51,923.00 $6,376.00 $58,299.00
5.1.1.2. Notice of Relationship of Payments to Estimated Total Compensation.
If it becomes apparent to ENGINEER at any time before Basic Services to be rendered under this
Agreement apparent to ENGFi~rEER at any time before Basic Services to be rendered under this
Agreement have been eighty percent completed that the total amount of compensation to be paid to
ENGINEER on account of Basic Services pursuant to paragraph 5.1.1.1 will exceed the
ESTIMATED TOTAL PAYMENT indicated above (which figures are ENGINEER's estimates of
the amounts that will become payable for such services), ENGINEER shall give OWNER written
nOtice thereof. Promptly thereafter OWNER and ENGINEER shall review the matter of
compensation for such Basic Services, and either OWNER shall accede to such compensation
exceeding said estimated amounts or OWNER and ENGINEER shall agree to a reduction in the
remaining services to be rendered by ENGINEER under this Agreement so that total compensation
for such Basic Services will not exceed such estimated amounts when such services are completed.
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 (except services
as a consultant or witness under paragraph 2.1.8), on the basis of ENGINEEIYs Direct Labor Costs,
plus Reimbursable Expenses, plus Direct Labor Costs times a factor of 1.5107 plus a fixed fee of 13
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 therefor times a factor of 1.1.
5.1.2.3. Serving as a Witness. For services rendered by ENGINEER's
principals and empIoyees as consultants or witnesses in any litigation, arbitration, or other legal or
administrative proceeding in accordance with paragraph 2.1.8., at the rate of $120.00 per hour for
principals and $75.00 per hour for employees or any portion thereof, plus Reimbursable Expenses
(but compensation for time spent in preparing to appear in any such litigation, arbitration, or
proceeding will be on the basis provided in paragraph 5.1.2.1 .). Compensation for ENGINEER's
independent professional associates and consultants will be on the basis provided in paragraph
5.1.2.2.
5.1.3 The terms "Direct Labor Costs" and "Reimbursable Expenses" have the meanings
assigned to them in paragraph 5.4.
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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. If OWNER fails to make any payment due ENGINEER for services within thirty days
after receipt of ENGINEER's statement therefor, the amounts due ENGINEER will be increased at
the rate of 1% per month from said thirtieth day, an in addition, ENGINEER may, after giving thirty
days written notice to OWNER, suspend services under this Agreement until ENGYNEER has been
paid in full all amounts due for services, expenses, and charges.
5.3.2. In the event of termination by OWNER under paragraph 7.1 upon the completion of
any phase of the 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 of the 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 ENGRqEER's Direct
Labor Costs, plus Reimbursable Expenses, plus Direct Labor Costs times a factor of the overhead
rate plus a fee of 13 percent of all costs for services rendered during that phase to date of termination
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.
5.3.3. 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 at the time of periodic invoices.
5.4. Oefinitions.
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
ENGYNEER's independent professional associates or consultants, directly or indirectly in connection
with the Project, such as expenses for: transportation and subsistence incidental thereto; toll
telephone calls and telegrams; 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; and, if authorized in advance by OWNER, overtime work
requiring higher than regular rates.
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SECTION 6 - CONSTRUCTION COST AND OPINIONS OF COST
6.1 Construction Cost.
6.1.1. The construction cost of the entire Project (herein referred to as "Construction Cost")
means the total cost to OWNER of the portions of the entire Project designed and specified by
rights-of-way, or compensation for or damages to, properties unless this Agreement so specifies, nor
will it include OWNER's legal, accounting, insurance counseling or auditing services, or interest and
financing charges incurred in connection with the Project or the cost of other services to be provided
by others to OWNER pursuant to paragraphs 3.6 and 3.7.
6.2. Opinions of Cost.
6.2.1. 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. If prior 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.
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 of the 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 ENGINE_ER 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.
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7.3. Insurance.
7.3.1. ENGINEER shall procure and maintain insurance for protection from claims under
workers' compensation acts, claims for damages because bodily injury including personal injury,
sickness or disease or death of any and all employees or of any person other than such employees,
and from claims or damages because of injury to or destruction of property including loss of use
resulting therefrom.
7.4. Controlling Law.
7.4.1. This Agreement is to be governed by the law of the principal place of business of
ENGINEER.
7.5. Successors and Assigns.
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 part to the 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 fights 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.
7.6. Arbitration. Not Used.
SECTION 8 - SPECIAL PROVISIONS, EXHIBITS AND SCHEDULES
8.1. This Agreement is subject to the following special provisions.
8.1.1. All sections labeled "Not Used" were intentionally omitted.
8.2. This Agreement (consisting of pages 1 to 12, 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.
L:B4XSALINA2.CNT page 11 of 12
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day
and year first above written.
OWNER ENGINEER
City of Salina, Kansas Kirkham, Michael & Associates, Inc.
308 North Douglas
Recommended by: P.O. Box 4
EHsworth, Kansas 67439
Title: Director of Engineering & Utilities ~~~
p Wood'ard, Senior V:ice President
By:
Title:
Attest:
By:
Title:
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