Well House 13AGREEMENT
for
PROFESSIONAL ENGINEERING SERVICES
between
THE CITY OF SALINA, KANSAS
and
WILSON & COMPANY, ENGINEERS & ARCHITECTS
Salina, Kansas
THIS AGREEMENT, made and entered into this I ,t day of -i1 G1J 1989, by
and between the CITY OF SALINA, KANSAS, Party of the First Part, hereinafter
called the CITY, and WILSON & COMPANY, ENGINEERS & ARCHITECTS, Party of the
Second Part, hereinafter called the ENGINEER.
WHEREAS, the CITY requires professional engineering services, ENGINEER File
No. 89-072, to provide design services for well house facilities for the
proposed new offset water supply well adjacent to City Well No. 13.
WHEREAS, the ENGINEER provides the services required.
NOW THEREFORE, the CITY and the ENGINEER agree as follows:
A. BASIC SERVICES FOR DESIGN OF WELL HOUSE FACILITIES.
1. Upon written authorization by the CITY, the ENGINEER shall proceed
with the design of well house facilities including the following items:
a. A masonry well house structure to be aesthetically compatible
with the adjacent Board of Education building. All electrical, power,
telemetry and ventilation systems for the new well house are the responsi—
bility of the CITY and are not included in this project. The CITY shall
provide the ENGINEER with all data necessary to incorporate such equipment
into the design of the new well house.
b. An exterior pre—cast concrete meter pit to be located on the
discharge main adjacent to the proposed well house with provisions for
future installation of a flowmeter. The flowmeter is not included in this
project.
C. All piping and valves from the pump discharge to approxi—
mately four feet beyond the shut—off valve immediately downstream from the
new meter pit.
d. Demolition of the existing well house, piping, valves and
appurtenances, and removal of the existing well discharge line, as
necessary, for construction of the new well house and meter pit.
e. Site grading of the new and existing well sites.
Page 1 of 8 Pages
2. The ENGINEER shall coordinate the design of the well house facili-
ties with the CITY's well contractor which is responsible for the design and
construction of the new offset well; the design, specification and installa-
tion of the new pumping equipment, including the pump, motor and concrete
pump base; and plugging of existing Well No. 13.
3. The ENGINEER shall conduct necessary field surveys to collect data
as required to develop final drawings and specifications.
4. The ENGINEER shall prepare final drawings and specifications for
the proposed Project.
5. The ENGINEER shall furnish to the CITY an opinion of Probable
Construction Costs for the items covered in paragraph 1.
6. The ENGINEER shall prepare for review and approval by the CITY and
its legal counsel construction Contract Agreement forms, General Conditions,
Supplementary Conditions, Bid Forms, Invitation to Bid, Instructions to
Bidders and assist in the preparation of other related documents.
7. The ENGINEER shall deliver three copies of the final Contract
Documents, Drawings and Specifications and review with representatives of
the CITY.
8. The ENGINEER shall complete the design services within 30 calendar
days of notice -to -proceed.
B. DUTIES OF THE ENGINEER DURING CONSTRUCTION OF THE WATER SUPPLY
FACILITIES. The CITY and the ENGINEER shall negotiate services required of
the ENGINEER during the construction phase of the well house facilities. The
services may include but are not limited to:
1. Bidding Services
2. Construction Related Engineering Services
3. Resident Project Observer Services
4. Operation and Maintenance Manual
5. Operator Training and Project Start-up
6. Special Services
Page 2 of 8 Pages
C. PAYMENT TO THE ENGINEER.
1. Payment by the CITY to the ENGINEER for services under this
Agreement shall be based upon the ENGINEER's cost plus a fixed fee. Payment
as described below shall represent compensation to the ENGINEER for payroll
costs, expenses, overhead, profit and other costs in connection with the
services provided for specific items of work. Payment to the ENGINEER is
estimated to be as follows:
Engineer's Fixed
Description Cost Fee Payment
Design of Well House
Facilities $5,150.00 $775.00 $5,925.00
2. The ENGINEER's actual cost may be more or less than that estimated,
however, the fixed fee shall remain the same unless there are changes in the
scope of ENGINEER's services requested by the CITY, or the ENGINEER and
approved by the CITY.
3. The ENGINEER shall notify the CITY when costs incurred by the
ENGINEER reach ninety percent (90%) of the estimated amounts.
4. The ENGINEER shall request payment at four week intervals in accor-
dance with the ENGINEER's normal accounting cycle.
D. ADDITIONAL SERVICES OF ENGINEER REQUIRING AUTHORIZATION IN ADVANCE.
1. Preparation of applications and supporting documents (in addition
to those furnished under Basic Services) for private or governmental grants,
loans or advances in connection with the Project; preparation or review of
environmental assessments and impact statements; review and evaluation of
the effect on the design requirements of the Project of any such statements
and documents prepared by others; and assistance in obtaining approvals of
authorities having jurisdiction over the anticipated environmental impact of
the Project.
2. 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, CITY'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 sub-
sequent to the preparation of such studies, reports or documents, or are due
to any other causes beyond ENGINEERS's control.
Page 3 of 8 Pages
3. Providing renderings or models for CITY's use.
4. Preparing documents for alternate bids requested by CITY for
Contractor(s)' work which is not executed or documents for out -of -sequence
work.
5. 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 feasibil-
ity studies, cash flow and economic evaluations, rate schedules and
appraisals; assistance in obtaining financing for the Project; evaluating
processes available for licensing and assisting CITY in obtaining process
licensing; detailed quantity surveys of material, equipment and labor; and
audits or inventories required in connection with construction performed by
CITY.
6. Furnishing services of independent professional associates and
consultants for other than Basic Services (which include, but are not lim-
ited to, customary civil, structural, mechanical and electrical engineering
and customary architectural design incidental thereto) to provide data
or services of the types described in paragraph 5 when CITY employs
ENGINEER to provide such data or services.
7. Assistance in connection with bid protests, rebidding or
renegotiating contracts for construction, materials, equipment or services.
8. Providing any type of property surveys or related engineering
services needed for the transfer of interest in real property and providing
other special field surveys.
9. Preparing to serve or serving as a consultant or witness for CITY
in any litigation, arbitration or other legal or administrative proceeding
involving the Project.
E. REQUIRED ADDITIONAL SERVICES. When required by the Contract Documents
in circumstances beyond ENGINEER's control, ENGINEER shall furnish or obtain
from others, as circumstances require during construction and without wait-
ing for specific authorization from CITY, additional services as follows in
paragraphs 1 through 5. These services are not included as part of Basic
Services. ENGINEER shall advise CITY promptly after starting any such
Additional Services which will be paid for by CITY by Supplemental
Agreement.
Page 4 of 8 Pages
1. Services in connection with work directive changes and change
orders to reflect changes requested by CITY.
2. Services in making revisions to drawings and specifications occa-
sioned by the acceptance of substitutions proposed by Contractor(s); and
services after the award of each contract in evaluating and determining the
acceptability of an unreasonable or excessive number of substitutions pro-
posed by Contractor.
3. Services resulting from significant delays, changes or price
increases occurring as a direct or indirect result -of material, equipment or
energy shortages.
4. Additional or extended services during construction made necessary
by (1) work damaged by fire or other cause during construction, (2) a sig-
nificant amount of defective or neglected work of any Contractor, (3) accel-
eration of the progress schedule involving services beyond normal working
hours, and (4) default by any Contractor.
5. Evaluating an unreasonable or extensive number of claims submitted
by Contractor(s) or others in connection with the work.
F. OWNER'S RESPONSIBILITIES. CITY shall do the following in a timely man-
ner so as not to delay the services of ENGINEER.
1. Designate in writing a person to act as CITY'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 CITY's policies and decisions with respect to
ENGINEER's services for the Project.
2. Provide all criteria and full information as to CITY's require-
ments 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 CITY will require to be included in the drawings and
specifications.
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.
Page 5 of 8 Pages
4. Furnish to ENGINEER, as required for performance of ENGINEER's
Basic Services the following:
a. Data prepared by or services of others, including without
limitation, borings, probings and subsurface explorations, hydrographic
surveys, laboratory tests and inspections of samples, materials and
equipment;
b. Appropriate professional interpretations of all of the
foregoing;
C. Environmental assessment and impact statements;
d. Property descriptions;
e. Zoning, deed and other land use restrictions; and
f. Other special data or consultations not covered in
Section D - ADDITIONAL SERVICES OF ENGINEER REQUIRING AUTHORIZATION IN
ADVANCE, all of which ENGINEER may use and rely on in performing services
under this Agreement.
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.
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 CITY deems appropri-
ate for such examination and render in writing decisions pertaining thereto
within a reasonable time so as not to delay the services of ENGINEER.
7. Furnish approval and permit documents from all governmental
authorities having jurisdiction over the Project and such approvals and con-
sents from others as may be necessary for completion of the Project.
8. Provide such accounting, independent cost estimating and insurance
counseling services as may be required for the Project, such legal services
as CITY may require or ENGINEER may reasonably request with regard to legal
issues pertaining to the Project including any that may be raised by
Contractor(s), such auditing service as CITY may require to ascertain how or
for what purpose any Contractor has used the moneys paid under the construc-
tion contract, and such inspection services as CITY may require to ascertain
that Contractor(s) are complying with any law, rule, regulation, ordinance,
code or order applicable to their furnishing and performing the work.
9. If more than one prime contract is to be awarded for construction,
materials, equipment and services for the entire Project, designate a person
or organization to have authority and responsibility for coordinating the
activities among the various prime contractors.
Page 6 of 8 Pages
10. Furnish to ENGINEER data or estimated figures as to CITY's antici-
pated costs for services to be provided by others for CITY so that ENGINEER
may make the necessary findings to support opinions of probable Total
Project Costs.
11. Attend the pre-bid conference, bid opening, preconstruction
conferences, construction progress and other job related meetings and sub-
stantial completion inspections and final payment inspections.
12. Give prompt written notice to ENGINEER whenever CITY observes or
otherwise becomes aware of any development that affects the scope or timing
of ENGINEER's services, or any defect or non-conformance in the work of any
Contractor.
13. Furnish, or direct ENGINEER to provide, Additional Services as
stipulated in Section D of this Agreement or other services as required.
14. Bear all costs incident to compliance with the requirements of
this Section.
G. OPINIONS OF COSTS. Since the 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 opinions of probable project costs and con-
struction costs provided in the Agreement are to be made on the basis of the
ENGINEER's experience and represent the ENGINEER's best judgment. The
ENGINEER cannot guarantee that proposals, bids or actual costs of the proj-
ect or construction costs will not vary from the opinion of the ENGINEER.
H. OTHER CONSIDERATIONS.
1. This Agreement may be terminated by either party upon seven days'
written notice should the other party fail substantially to perform in
accordance with its terms through no fault of the party initiating the
termination. In the event of termination due to the fault of others than
the ENGINEER, the ENGINEER shall be paid his compensation for services per-
formed to termination date, including Reimbursable Expenses then due and all
terminal expenses.
2. The CITY and the ENGINEER each binds himself, his partners,
successors, assigns and legal representatives to the other party to this
Agreement and to the partners, successors, assigns and legal representatives
of such other party with respect to all covenants of this Agreement.
Neither the CITY nor the ENGINEER shall assign, sublet or transfer his
interest in the Agreement without the written consent of the other.
Page 7 of 8 Pages
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement
as of the day and year first above written.
OWNER:
City of Salina, K
Recommended by: ?
Title: Acting Director of Engineer ng
and Utilities
By: —
Title:
Attest:
By:
Title:, e�
DMJ/dkj
ENGINEER:
Robert E. Crawford, Partner
Wilson & Company,
Engineers & Architects
631 E. Crawford
Salina, Kansas 67401
Page 8 of 8 Pages