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Engineering Services Modification #1AGREEMENT BETWEEN CITY OF SALINA AND KONZA NATURAL RESOURCES CONSULTANTS, INC. FOR PROFESSIONAL SERVICES Modification Number I THIS AGREEMENT, effective November U , 1999 ( "Effective Date ") between the City of Salina ( "CITY ") and Konza Natural Resources Consultants, Inc. ( "KONZA "), modifies the original contract between the parties which was effective on June 14, 1999. The parties mutually agree to modify the following sections of the original agreement between the parties dated June 14, 1999: Scope of Services to be Provided by Konza, Time for Rendering Services, and Payments to Konza. Only the paragraphs of each section that are modified or added are included in this Agreement. Those modified or additional paragraphs are to read as follows: ARTICLE 1 — SCOPE OF SERVICES TO BE PROVIDED BY KONZA A. KONZA shall: Carry out the work described below in three Phases to provide engineering services necessary to: define the rate and volume of flooding related to current and projected levels of urban development within the Drainage Area; and develop a plan containing alternative measures which the CITY can apply, and /or cause to be applied, to minimize increased flood damages due to such development. Concept Phase 1. Develop preliminary estimates of flood discharges and depths of flooding at selected points within and downstream of the Drainage Area under current and projected levels of urban development. 2. Supplement existing topographic information as necessary to determine the effective amount of detention storage in existing and potential impoundments within the Drainage Area. Extended Concept Phase 1. Supplement existing topographic information as necessary to refine flood discharge and depths of flooding performed in the Concept Phase and develop innundation limits that are adequate to determine what land CITY might wish to acquire if it proceeds with the project. 2. Refine the preliminary flood discharges and depths of flooding performed in the Concept Phase to sufficient detail for preliminary design of proposed control measures. 3. Develop preliminary design information for the proposed control measures sufficient to provide a preliminary engineer's estimate of the cost of construction, including preliminary embankment and pipe sizing, basic geologic investigation, and hazard classification determination. Konza Natural Resources Consultants, Inc. — Page 1 of 3 Advancing the ethical, innovative, and sustainable development of natural resources 4. Provide a written report to CITY which documents the work done in the Concept and Extended Concept Phases. Included in the report shall be estimated changes in flood discharges and depths of flooding within and downstream of the Drainage Area under current and projected levels of development, recommendations regarding control measures that KONZA determines are needed to address any increases in flooding, the likely areas inundated by the proposed structures and those areas below the proposed structures which should remain undeveloped, and the basic design and likely costs of such control measures. Preliminary Design Phase After reviewing the Extended Concept Phase report, CITY may direct KONZA to begin this Phase: 1. Supplement existing topographic and geologic information as necessary to perform preliminary design of proposed control measures. 2. Complete preliminary design and estimate cost to upgrade the existing detention dam located in the SW 1/4, SE 1/4, NE 1/4 Section 17, Township 14 South, Range 2 West, if such an upgrade is determined to be an appropriate measure during the previous phases. 3. Complete preliminary designs and cost estimates for new detention facilities and other control measures as determined in the previous phases. 4. Provide a written report recommending to CITY which alternative control measures ought to be constructed, describing what impact those control measures will likely have on current and future flooding in and downstream of the Drainage Area, describing any alternative control measures analyzed and the reasons for not recommending them, and detailing preliminary design information and cost estimates for each of the recommended control measures (hereinafter "Services "). ARTICLE 3 — TIMES FOR RENDERING SERVICES B. KONZA's services and compensation under this Agreement have been agreed to in anticipation of the orderly and continuous progress of the Project through completion. The target date for completion of all work described under the Concept Phase and Extended Concept Phase of this Agreement is April 30, 2000. If CITY directs KONZA to undertake the Preliminary Design Phase on or prior to May 31, 2000 the target date for completion of all work described under the Preliminary Design Phase is August 31, 2000. If CITY directs KONZA to undertake the Preliminary Design Phase on some date after May 31, 2000 but prior to the expiration of this contract, the target date for completion of all work under that Phase will be adjusted to provide KONZA a minimum of 90 calender days to complete the work. It is understood that weather or other unforeseen factors beyond KONZA's control could cause delays in completing the Project on schedule. C. This contract will expire on September 30, 2000 unless extended by written modification, however it may be terminated earlier as provided in paragraph D of this Article and in Article 7. If the target date for completion of the Preliminary Design Phase is later than August 31, 2000, as provided for in paragraph B of this Article, the contract will expire 30 calender days after the target date for completion of that Phase of work. Fees earned by KONZA as of the termination date will be paid by the CITY, after which all materials developed by KONZA before the termination date will be furnished to CITY, except as provided in paragraph D of this Article. Konza Natural Resources Consultants, Inc. — Page 2 o 3 Advancing the ethical, innovative, and sustainable development of natural resources ARTICLE 4 — PAYMENTS TO KONZA B. Fees CITY pays to KONZA under this Agreement shall not exceed $17,500.00 for the Concept Phase and the Extended Concept Phase together, and shall not exceed $7,500.00 for the Preliminary Design Phase unless this Agreement is modified in writing. It is understood that all terms of the original contract not revised by this modification shall remain unchanged. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page 1. CITY OF SALINA By: Title: a�oi Date Signed: �����ber zmq Address: P.O. Box 736 Salina, Kansas 67402 -0736 KONZA NATURAL RESOURCES CONSULTANTS, INC. By: Matt A. Scherer, III President Date Signed: n/�ie /« .2 Z, /999 Address: 2664 Knoll Court Topeka, Kansas 66617 -9217 Konza Natural Resources Consultants, Inc. — Page 3 of 3 Advancing the ethical, innovative, and sustainable development of natural resources