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downtown redevelopment 4/9/1986MIR, WILLIS PARTNERS James D. Bucher, PE, AICP, Retired Shelby K. Willie, PE William R. Ratliff, PE G. Harold !antlers, PE Kay C. Bloom, PE Stephen L. Jennings, PE Reymond E. Landers, PE Raymond L. Voskamp, Jr., AIA James Ray Flemons, PE Jon H. Meulengracht, AICP Jimmy H. C. Lin, PE James R. Swanson, PE Steve D. Carr, PE R. David Miller, PE l RATI Iff CONSULTING ENGINEERS, PLANNERS &ARCHITECTS Mr. Donald E. Hoff, P.E. Assistant City Engineer Engineering Department City of Salina 300 West Ash Street' Salina, Kansas 67401 Dear Mr. Hoff: 609 W. NORTH ST.. P.O. BOX 1517, SALINA KANSAS 67402-1517 . 913ZB27-3603 Re: Downtown Redevelopment In response to your recent request, we are pleased to present herein our proposal for performing engineering services for the stabilization of existing buildings located within the 100 and 200 blocks on the east side of Santa Fe in Salina. As part of the City's Downtown Redevelopment Project, existing buildings at several locations have been removed to provide open pedestrian arcades between selected existing buildings. This demolition and removal work has created conditions of concern regarding the structural stability of the.walls and foundations of specific buildings adjacent to the arcades. Our proposal addresses services in both the design phase and the construction phase of these stability modifications. In addition to the proposal presented herein, we have attached a draft of a proposed Agreement for Engineering Services for your review and consideration. Based upon our preliminary field reconnaissance at the two sites Involved in this project, we propose to perform the engineering and related services described in Article I, Scope of Services to be Provided by Consultant, of the enclosed draft Agreement. Design phase services and construction phase services are listed separately. We agree to perform the design phase services in accordance with the stability modification alternates selected by the parties involved. Our lump sum fee for stabilizing the side walls of the south building of the 100 block arcade is Four Thousand Fifty Dollars ($4,050.00). Our lump sum fee SALINA,KS • KANSASCITY,MO a HAYS,KS a MOUNT PLEASANT, TX • AURORA,IL a TYLER,TX ASSOCIATES: Gerald H. Mentoring, PE SALINA, KANSAS Mark D. Boyer, LS Robert K. Lehman, CPG William D. Strait, AICP Keith Lassman, CP Kenneth J. Turner, LS Event N. Hedeen, AIA Roger L. Brenizer, LS Stephen G. Lewis, AICP Sam G. Heldiman, PE April 9, 1986 Donald L. Klopmever, PE Thomas E. McMahon, PE Re: Downtown Redevelopment In response to your recent request, we are pleased to present herein our proposal for performing engineering services for the stabilization of existing buildings located within the 100 and 200 blocks on the east side of Santa Fe in Salina. As part of the City's Downtown Redevelopment Project, existing buildings at several locations have been removed to provide open pedestrian arcades between selected existing buildings. This demolition and removal work has created conditions of concern regarding the structural stability of the.walls and foundations of specific buildings adjacent to the arcades. Our proposal addresses services in both the design phase and the construction phase of these stability modifications. In addition to the proposal presented herein, we have attached a draft of a proposed Agreement for Engineering Services for your review and consideration. Based upon our preliminary field reconnaissance at the two sites Involved in this project, we propose to perform the engineering and related services described in Article I, Scope of Services to be Provided by Consultant, of the enclosed draft Agreement. Design phase services and construction phase services are listed separately. We agree to perform the design phase services in accordance with the stability modification alternates selected by the parties involved. Our lump sum fee for stabilizing the side walls of the south building of the 100 block arcade is Four Thousand Fifty Dollars ($4,050.00). Our lump sum fee SALINA,KS • KANSASCITY,MO a HAYS,KS a MOUNT PLEASANT, TX • AURORA,IL a TYLER,TX Mr. Donald E. Hoff, P.E. Assistant City Engineer Engineering Department City of Salina April 9, 1986 Page Two for stabilizing the disturbed foundation at the east end of the north wall of this building using steel sheet piling and compacted fill material is Three Thousand Dollars ($3,000.00). In the event that the parties involved elect to proceed with the more expensive underpinning of the described portion of this foundation, our lump sum fee for the foundation stabiliza- tion is Four Thousand Dollars ($4,000.00). We further agree to perform the design phase services to attach the end walls to the side walls which border the 200 block arcade by using masonry toothing construction for the lump sum fee of One Thousand Two Hundred Dollars ($1,200.00). Should the City elect to perform,these wall attachment modifications using mechanical connections in lieu of masonry toothing construction, our lump sum fee is Four Thousand Dollars ($4,000.00). We propose to negotiate compensation for the construction phase services near the completion of the design phase and prior to the award of a con- struction contract. Upon receipt of a written notice -to -proceed for the design phase services, we agree to submit for the City's review the contract documents for the stability modifications of the south building of the 100 block arcade within thirty (30) calendar days. We agree to submit for the City's review the contract documents for the corner stability modifications of the side walls which border the 200 block arcade within forty-five (45) calendar days following receipt of the above referenced notice -to -proceed. We further agree to perform the construction phase services in a timely manner as construction progresses and to submit record drawings within fif- teen (15) calendar days following final inspection of these modifications. We appreciate the opportunity to provide these engineering services on this project. We encourage you to give our proposal favorable considera- tion. If you have questions, we will be pleased to discuss any aspect of our proposal with you in a meeting or by telephone. Sincerely, A$UC R, WILLIS �S�RA1TLLIFF, / �V V A�'e' elby Willis, P.E. SKW/r Enclosure .' c AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT, made this day of , 1986, between the City of Salina, Kansas, hereinafter called "CITY", and Bucher, Willis b Ratliff, Consulting Engineers, Planners 6 Architects of Salina, Kansas, hereinafter called the "CONSULTANT". WITNESSETH: THAT the City desires to have the Consultant provide engineering services for the modification of specific existing buildings located at two sites within the 100 and 200 blocks on the east side of Santa Fe in Salina, Kansas. These modifications include the stabilization of the side walls and the stabilization or underpinning of the disturbed foundation at the east end of the north wall of the south building in the 100 block; and the masonry toothing or mechanical attachment of the end walls to the side walls which border the newly created pedestrian arcade in the 200 block. THAT the City has selected Bucher, Willis 6 Ratliff to perform the services as described herein. NOW, THEREFORE, the City and the Consultant, for considerations hereinafter set forth, agree as follows: ARTICLE I SCOPE OF SERVICES TO BE PROVIDED BY CONSULTANT A. Design Phase Services The Consultant, upon receipt of written notice from the City that this agreement has been approved, will furnish the necessary engineering and related services to enable the City to receive bids and award a construc- tion contract for the project as stipulated herein. The Consultant agrees to perform the following services: 1. Assemble and review all available pertinent information concerning the project sites and the existing buildings which are to be stabilized. 2. Conduct field inspections and surveys necessary to determine the existing conditions, to perform design, and to prepare construction details and Contract Documents for the proposed modifications. 3. Coordinate with representatives of the City and Owners of the buildings to be modified concerning the modifications proposed at the project sites. -1- 4. Perform structural design and prepare construction drawings and Contract Documents in accordance with the proposed modifications approved by representatives of the City and Owners of the buildings to be modified. 5. Calculate the approximate quantities of the construction bid items. 6. Prepare an Engineer's Estimate of construction cost based on the quantities of the construction bid items. 7. Submit the construction drawings, Contract Documents and the Engineer's Estimate to the City for review. 8. Make revisions required after review. 9. Provide to the City original Contract Documents and one mylar tracing for each sheet of the construction drawings. 10. Be available during the bidding period to answer questions and provide interpretation of the construction drawings and specifications as needed. 11. Assist the City as required in analyzing the bids received and in the award of a construction contract. B. Construction Phase Services The Engineer agrees to perform the following scope of services during the construction of the proposed modifications: 1. Provide interpretation of the construction drawings and specifications during construction of the project. 2: Review shop drawings and samples required by the Contract Documents and submitted by the Contractor and/or subcontractors to ascertain compliance with the construction drawings and Contract Documents. 3. Inspect construction work and maintain a daily report for each day inspection is performed at the sites of the project. 4. Engage and contract with a qualified testing laboratory, prescribe testing programs for in -progress tests and monitor tests performed by the laboratory in the testing of concrete materials. 5. Maintain a complete record of all test reports prepared by the Inspector, and submitted by the Contractor and the testing laboratory. -2- 6. Review and approve the Contractor's periodic payment estimates and submit to the City for payment. 7. Prepare any Change Orders as required during the progress of the construction work. 8. Participate in the final inspection of the work with represen- tatives of the Contractor and the City, and prepare a punch list of deficient and incomplete items. 9. Monitor all punch list items recorded on final inspection until complete; obtain affidavits from the Contractor; and advise the City when final payment may be made. 10. Prepare record drawings and submit the tracings to the City for permanent record. ARTICLE II SCOPE OF SERVICES TO BE PROVIDED BY THE CITY The City agrees to furnish information and have work done without cost to the Consultant, as follows: 1. Make available to the Consultant all existing records, maps, plans and other data possessed by the City when such are necessary, advisable or helpful to the Consultant in the completion of his work under this Agreement. 2. Provide standard City forms as required. ARTICLE III TIME SCHEDULE A. Design Phase Services The Consultant agrees to complete the work included in Items 1 through 7, inclusive, under Article I, Scope of Services to be Provided by Con- sultant, for the stability modifications associated with the 100 block arcade within thirty (30) calendar days following receipt of a notice -to - proceed from the City. The Consultant further agrees to complete the work included in these same items for the stability modifications associated with the 200 block arcade within forty-five (45) calendar days following receipt of the above referenced notice -to -proceed. Items 8 and 9 will be performed promptly upon receipt of review comments from the City. Items 10 and 11 will be performed during the advertisement period and following the bid opening at the request and direction of the City. -3- B. Construction Phase Services The Consultant agrees to complete these services in a timely manner as the construction work progresses. The Consultant further agrees to submit record drawings within fifteen (15) calendar days after the date of final inspection. ARTICLE IV COMPENSATION A. Design Phase Services The City agrees to pay the Consultant for completion of the design phase services described under Article I, Scope of Services to be Provided by Consultant, for the stability modification alternates selected by the City in accordance with the following schedule: 1. Stabilizing the side walls of the south building of the 100 block arcade — Four Thousand Fifty Dollars ($4,050.00). 2. Stabilizing the disturbed foundation at the east end of the north wall of the south building of the 100 block arcade by: a. Using steel sheet piling and compacted fill material — Three Thousand Dollars ($3,000.00). b. Underpinning — Four Thousand Dollars ($4,000.00). 3. Stabilizing the corners of the side walls which border the 200 block arcade by: a. Using masonry toothing construction — One Thousand Two Hundred Dollars ($1,200.00). b. Using mechanical connections — Four Thousand Dollars ($4,000.00). Payment shall be made in installments billed not more frequently than once each month upon receipt of statements from the Consultant. Payment shall be made to the Consultant by the City within thirty (30) days after receipt of billing by the Consultant. B. Construction Phase Services The compensation for Construction Phase Services shall be negotiated near the completion of the Design Phase and prior to the award of a construction contract. —4— Payment for Construction Phase Services shall be made in installments billed not more frequently than once each month upon receipt of statements from the Consultant. Payment shall be made to the Consultant by the City within thirty (30) days after receipt of billing by the Consultant. ARTICLE V MISCELLANEOUS PROVISIONS 1. Change in Scope: The scope of the work described in Article I, Scope of Services, shall be subject to modification or supplement upon the written agreement of the contracting parties. Any such modifications in the scope of the work shall be incorporated by supplemental agree- ment. At the time of such modification of work, equitable adjustments will be made by the parties in the time of performance and the compensation to be paid on the Project. 2. Conferences: Representatives of the City may arrange for such conferences and visits as may be deemed necessary or desirable during the progress of the work. 3. Termination: The City reserves the right to terminate this Agreement at any time, upon written notice, in the event the services of the Consultant are unsatisfactory, or upon failure to prosecute the work with due diligence or to complete the work within the time limits specified; 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. 4. Arbitration: All claims, disputes and other matters in question arising out of, or relating to, this Contract, or the breach thereof, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, unless the parties mutually agree otherwise. Each party to the dispute shall select one arbitrator and the two of these shall select a third arbitrator in accordance with Section 14 of the said rules. This agreement to arbitrate shall be specifically enforceable under the prevailing arbitration law. Notice of the demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The demand shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. -5- The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. 5. Binding Upon Successors: This Agreement shall be binding upon the undersigned parties, their successors, partners, assigns, and legal representatives. IN WITNESS WHEREOF, said parties have caused this Agreement to be signed by their duly authorized officers in three (3) counterparts, each of which shall be deemed an original, on the day and year first written. (SEAL) ATTEST: Title City Clerk -6- CITY OF SALINA, KANSAS By Title BUCHER, WILLIS 6 RATLIFF, Consulting Engineers, Planners b Architects By Title Partner AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT, made this day of , 1986, between the City of Salina, Kansas, hereinafter called "CITY", and Bucher, Willis 6 Ratliff, Consulting Engineers, Planners 6 Architects of Salina, Kansas, hereinafter called the "CONSULTANT". WITNESSETH: THAT the City desires to have the Consultant provide engineering services for the modification of specific existing buildings located at two sites within the 100 and 200 blocks on the east side of Santa Fe in Salina, Kansas. These modifications include the stabilization of the side walls and the stabilization or underpinning of the disturbed foundation at the east end of the north wall of the south building in the 100 block; and the masonry toothing or mechanical attachment of the end walls to the side walls which border the newly created pedestrian arcade in the 200 block. THAT the City has selected Bucher, Willis 6 Ratliff to perform the services as described herein. NOW, THEREFORE, the City and the Consultant, for considerations hereinafter set forth, agree as follows: ARTICLE I SCOPE OF SERVICES TO BE PROVIDED BY CONSULTANT A. Design Phase Services The Consultant, upon receipt of written notice from the City that this agreement has been approved, will furnish the necessary engineering and related services to enable the City to receive bids and award a construc- tion contract for the project as stipulated herein. The Consultant agrees to perform the following services: 1. Assemble and review all available pertinent information concerning the project sites and the existing buildings which are to be stabilized. 2. Conduct field inspections and surveys necessary to determine the existing conditions, to perform design, and to prepare construction details and Contract Documents for the proposed modifications. 3. Coordinate with representatives of the City and Owners of the buildings to be modified concerning the modifications proposed at the project sites. 4. Perform structural design and prepare construction drawings and Contract Documents in accordance with the proposed modifications approved by representatives of the City and Owners of the buildings to be modified. 5. Calculate the approximate quantities of the construction bid items. 6. Prepare an Engineer's Estimate of construction cost based on the quantities of the construction bid items. 7. Submit the construction drawings, Contract Documents and the Engineer's Estimate to the City for review. 8. Make revisions required after review. 9. Provide to the City original Contract Documents and one mylar tracing for each sheet of the construction drawings. 10. Be available during the bidding period to answer questions and provide interpretation of the construction drawings and specifications as needed. 11. Assist the City as required in analyzing the bids received and in the award of a construction contract. B. Construction Phase Services The Engineer agrees to perform the following scope of services during the construction of the proposed modifications: 1. Provide interpretation of the construction drawings and specifications during construction of the project. 2. Review shop drawings and samples required by the Contract Documents and submitted by the Contractor and/or subcontractors to ascertain compliance with the construction drawings and Contract Documents. 3. Inspect construction work and maintain a daily report for each day inspection is performed at the sites of the project. 4. Engage and contract with a qualified testing laboratory, prescribe testing programs for in -progress tests and monitor tests performed by the laboratory in the testing of concrete materials. 5. Maintain a complete record of all test reports prepared by the inspector, and submitted by the Contractor and the testing laboratory. -2- 6. Review and approve the Contractor's periodic payment estimates and submit to the City for payment. 7. Prepare any Change Orders as required during the progress of the construction work. 8. Participate in the final inspection of the work with represen- tatives of the Contractor and the City, and prepare a punch list of deficient and incomplete items. 9. Monitor all punch list items recorded on final inspection until complete; obtain affidavits from the Contractor; and advise the City when final payment may be made. 10. Prepare record drawings and submit the tracings to the City for permanent record. ARTICLE II SCOPE OF SERVICES TO BE PROVIDED BY THE CITY The City agrees to furnish information and have work done without cost to the Consultant, as follows: 1. Make available to the Consultant all existing records, maps, plans and other data possessed by the City when such are necessary, advisable or helpful to the Consultant in the completion of his work under this Agreement. 2. Provide standard City forms as required. ARTICLE III TIME SCHEDULE A. Design Phase Services The Consultant agrees to complete the work included in Items 1 through 7, inclusive, under Article I, Scope of Services to be Provided by Con- sultant, for the stability modifications associated with the 100 block arcade within thirty (30) calendar days following receipt of a notice -to - proceed from the City. The Consultant further agrees to complete the work included in these same items for the stability modifications associated with the 200 block arcade within forty-five (45) calendar days following receipt of the above referenced notice -to -proceed. Items 8 and 9 will be performed promptly upon receipt of review comments from the City. Items 10 and 11 will be performed during the advertisement period and following the bid opening at the request and direction of the City. -3- B. Construction Phase Services The Consultant agrees to complete these services in a timely manner as the construction work progresses. The Consultant further agrees to submit record drawings within fifteen (15) calendar days after the date of final inspection. ARTICLE IV COMPENSATION A. Design Phase Services The City agrees to pay the Consultant for completion of the design phase services described under Article I, Scope of Services to be Provided by Consultant, for the stability modification alternates selected by the City in accordance with the following schedule: 1. Stabilizing the side walls of the south building of the 100 block arcade - Four Thousand Fifty Dollars ($4,050.00). 2'. Stabilizing the disturbed foundation at the east end of the north wall of the south building of the 100 block arcade by: a. Using steel sheet piling and compacted fill material - Three Thousand Dollars ($3,000.00). b. Underpinning - Four Thousand Dollars ($4,000.00). 3. Stabilizing the corners of the side walls which border the 200 block arcade by: a. Using masonry toothing construction - One Thousand Two Hundred Dollars ($1,200.00). b. Using mechanical connections - Four Thousand Dollars ($4,000.00). Payment shall be made in installments billed not more frequently than once each month upon receipt of statements from the Consultant. Payment shall be made to the Consultant by the City within thirty (30) days after receipt of billing by the Consultant. B. Construction Phase Services The compensation for Construction Phase Services shall be negotiated near the completion of the Design Phase and prior to the award of a construction contract. -4- Payment for Construction Phase Services shall be made in installments billed not more frequently than once each month upon receipt of statements from the Consultant. Payment shall be made to the Consultant by the City within thirty (30) days after receipt of billing by the Consultant. ARTICLE V MISCELLANEOUS PROVISIONS 1. Change in Scope: The scope of the work described in Article I, Scope of Services, shall be subject to modification or supplement upon the written agreement of the contracting parties. Any such modifications in the scope of the work shall be incorporated by supplemental agree- ment. At the time of such modification of work, equitable adjustments will be made by the parties in the time of performance and the compensation to be paid on the Project. 2. Conferences: Representatives of the City may arrange for such conferences and visits as may be deemed necessary or desirable during the progress of the work. 3. Termination: The City reserves the right to terminate this Agreement at any time, upon written notice, in the event the services of the Consultant are unsatisfactory, or upon failure to prosecute the work with due diligence or to complete the work within the time limits specified; 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. 4. Arbitration: All claims, disputes and other matters in question arising out of, or relating to, this Contract, or the breach thereof, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, unless the parties mutually agree otherwise. Each party to the dispute shall select one arbitrator and the two of these shall select a third arbitrator in accordance with Section 14 of the said rules. This agreement to arbitrate shall be specifically enforceable under the prevailing arbitration law. Notice of the demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The demand shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. -5- The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. 5. Binding Upon Successors: This Agreement shall be binding upon the undersigned parties, their successors, partners, assigns, and legal representatives. IN WITNESS WHEREOF, said parties have caused this Agreement to be signed by their duly authorized officers in three (3) counterparts, each of which shall be deemed an original, on the day and year first written. (SEAL) ATTEST: Title City Clerk -6- CITY OF SALINA, KANSAS By Title BUCHER, WILLIS S RATLIFF, Consulting. Engineers, Planners 6 Architects By Title Partner