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8.3 Agr Engr Schilling Bridge CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 3/6/00 4:00 P.M. AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR NO. 8 AGENDA: Engineering & General Services NO. 3 BY: Shawn O' BY: ITEM Agreement for construction engineering services with Wilson & Company and the Kansas Department of Transportation for the Schilling Road Bridge Replacement, Project No. 85 U-1699-01. BACKGROUND The Schilling Road Bridge Replacement Project is included in the 2000 Capital Improvement Program. The project involves the replacement of the existing concrete span bridge on Schilling Road over the Dry Creek Channel with a concrete box culvert bridge. Bids were received for the project by KDOT in Topeka on February 9, 2000. The low bid was submitted by Donlinger and Sons Construction Company, Inc. of Wichita, Kansas in the amount of $837,281.95. The project will be constructed between June - November, 2000. The attached three-party agreement for engineering services with Wilson & Company and the Kansas Department of Transportation provides for the construction engineering services on the Schilling Road Bridge Replacement Project. The agreement establishes the conditions for compliance with the KDOT and Federal Highway Administration(FHWA) Local Public Authority Program which deals with quality control issues on state highway projects. In essence, the consultant will inspect the work of the contractor and other involved parties at the direction of KDOT while protecting the interests of and providing information to the City. The agreement also specifies that KDOT will pay for 80 percent of the costs of these construction engineering services. The 2000 budget allocates $200,000 from the General Fund as part of the Capital Improvement Program. This "cost plus net fee" agreement has an upper limit of compensation of $80,880.24. The City's share of this contract is 20 percent or $16,176.05. ACTION It is recommended that the City Commission approve the agreement for construction engineering services with Wilson & Company and the Kansas Department of Transportation on the Schilling Road Bridge Replacement, Project No. 85 U-1699-01. Resolution Number 00-5571 Schilling Bridge CONTRACT FOR FEDERAL-AID ROAD CONSTRUCTION ENGINEERING BY CONSULTANT (COST PLUS NET FEE AGREEMENT) PROJECT NO. 85 U-1699-01 CMS Contract No. CITY OF SALINA SALINE COUNTY THIS AGREEMENT entered into this day of , 2000, by and between City of Salina, hereinafter referred to as the "LPA" (Local Public Authority), as principal, and the consulting engineering firm of Wilson & Company, hereinafter called the "Consultant", and the Secretary of Transportation of the State of Kansas acting by and through the Kansas Department of Transportation, hereinafter referred to as the "Secretary". The Secretary acts as agent for the LPA pursuant to authority vested in K.S.A. 68-402b and K.S.A. 68-401 et seq. and an agreement between them dated December 11, 1998. The Consultant's address is 1700 East Iron Avenue, Salina, Kansas 67401. WITNESSETH: W~EREAS, the FEDERAL GOVERNMENT through its Department of Transportation and the FHWA, pursuant to Title 23, U.S. Code, has established a program of Federal-Aid to the States designated as the Federal-Aid Program, with a general purpose to increase the safety and capacity of roads in the United States, and WHEREAS, the LPA desires to accomplish this Federal-Aid "Project", consisting of 2.666 kilometers of Grading, Concrete Pavement, Bridge, and Pavement Marking, located in Salina on Shilling Road at Dry Creek with the aid of funds provided under Federal-Aid highway programs and the rules and regulations promulgated by said U.S. Department of Transportation in the Federal-Aid Policy Guide, and WHEREAS, the LPA has not sufficient qualified engineering employees to accomplish the Construction Engineering Services on this Project within a reasonable time and the LPA deems it advisable and is desirous of engaging the professional services and assistance of a qualified consulting engineering firm to do the necessary construction engineering, and WHEREAS, the Consultant has represented and by entering into this Agreement now represents, that it is in full compliance with the statutes of the State of Kansas for registration of professional engineers and that all personnel to be assigned to perform the services required under this Agreement are fully qualified to perform the services in a competent and professional manner, and Revised 10-7-1998 -1- WHEREAS, the Consultant has indicated ~hat iE desires to perform the services set forth in the Agreement upen the terms and cendihiens set ferth belew, and WHEREAS, the appreved plans and specificatiens fer said Preject are available in ~he KDOT Headquarters in Topeka, and WHEREAS, the hPA, Consultant, and the Secretary desire to set ferth in this instrument their understanding and agreements relating to the censtructien engineering and allecatien ef cests for the said Preject. NOW, THEREFORE, in censideratien of the cevenants ef the parties and to give this agreement full force and effect in previding the benefits hereinbefere mentiened, the parties herete mutually agree as fellows: I. SCOPE OF SERVICES A. DEFINITIONS (1 The term "L?A" shall mean the City/County and its authorized employees. (2 The term "KD©T" shall mean the Kansas Department of Transportation and its authorized representatives. (3 The term "Consultant" shall mean the consulting engineering firm and its authorized employees that will be performing the work required under this Agreement. 4 The term "FHWA" shall mean the Federal Highway Administration and its authorized representatives. 5 The term "Contractor" shall mean the individual, partnership, joint ventures, corporation, or agency undertaking the performance of the work designated under the terms of the construction contract. 6 The Germ "Specifications" shall mean the current Standard Specifications for Road and Bridge Censtructien ef the Kansas Department ef Transpertatien, as incerperated in the censtructien contract specificatiens and supplementals therete. (7 The term "Constructien Centract Prepesal" shall mean the effer ef the bidder er contracter en the Preject, on the prescribed ferm, to perform the work and to furnish the laber and materials at the prices queted. -2- (8) The term "Special Provisions" shall mean the directions or requirements peculiar to a project and not otherwise thoroughly or satisfactorily included in the Specifications, and which are contained in the Construction Contract Proposal. (9) The term "Plans" shall mean the approved plans, profiles, typical cross sections, working drawings and supplemental drawings, or exact reproductions thereof, which show the location, character, dimensions, and details of the work to be done by the contractor. 10 The term "Contract Documents" shall mean the Specifications, Construction Contract Proposal, Special Provisions and Plans, as defined above. I1 The term "Manual" shall mean the Construction Manual, the Forms and Documentation Manual and all other publications of data and information produced by the KDOT for the instruction of its employees and furnished in bound or collected form. 12 The term "Field Engineer" shall for the administrative control of this Agreement be considered to mean Metro Engineer, Field Engineering Administrator and/or Area Engineer. B. GENERAL RESPONSIBILITIES AND DUTIES (1 The Consultant shall perform engineering services necessary and incidental to the accomplishment of the Project to the satisfaction of KDOT, and as more fully detailed in Special Attachment - Specific Construction Provisions. (2 The Consultant shall furnish services, labor, materials, equipment, supplies and incidentals, other than those hereinafter designated to be furnished by the KDOT, necessary to conduct and complete the services. (3 The services performed under this Agreement shall at all times be subject to the review and approval of KDOT. (4 The Consultant and/or LPA's principal contact with the KDOT shall be with the construction field office. -3- $) The services performed under this Agreemen[ si~all comply with all applicable federal and state laws and regulations. 6) The FHWA shall have the right te participate in all conferences and reviews. 7) Compliance with all of the foregoing shall be considered te be within the purview of this Agreement and shall not constitute a basis for additional er extra compensation. C. CONTROL AND AUTHORITY 1) The authorized representative of the KDOT will be designated by the District's Construction Engineer and will be titled the Field Engineer. 2) The Field Engineer will delegate te a construction office the overseeing of the Project where a Construction Engineer/Construction Coordinator will be assigned to monitor and coordinate all Project related activity to assure compliance with applicable Federal and State requirements of services performed under this Agreement and all construction activities performed under the Contract Documents. (3) The Consultant will designate a Project Engineer/Project Manager and other inspection personnel that are certified by the KDOT in the appropriate classification to inspect all work performed and materials furnished. The Consultant may designate a Chief Inspector who will perform the duties and have the responsibilities of the Project Engineer/Project Manager. The Project Engineer/Project Manager is not authorized to alter or waive the provisions of the Specifications or the Construction Contract Proposal. The Project Engineer/Project Manager is not authorized to issue instructions contrary to the Plans and Specifications, or to act as foreman for the Contractor, however, the Project Engineer/Project Manager shall have the authority to reject work or materials until any questions at issue can be referred to and be decided by the Field Engineer. The use of non-certified inspector(s) for this projec5 will be limited to specific work after demonstrating satisfactory performance and obtaining written approval by the Field Engineer. -4- 4) The Project Engineer/Project Manager shall serve as field supervisor of ali Consultant personnel and services performed under this Agreement, and ko ack as liaison between the Consultant and the KDOT. 5) The Project Engineer/Project Hanager sinai i transmit all reports and paperwork to, and communicate and coordinate with the Construction Engineer/Construction Coordinator. 6} Orders er instructions issued by the Field Engineer will be transmitted through the Construction Engineer/Construction Coordinator and will in turn be transmitted through the Project Engineer/Project Manager to the Contractor. If in the absence of ~he Project Engineer/Project Manager a matter needs prompt attention, the Construction Engineer/Construction Coordinator will give the necessary orders and then notify the Project Engineer/Project Manager. 7) In the event of a controversy, the Project Engineer/Project Manager shall confer with the Construction Engineer/Construction Coordinator to determine proper course of action. In the event the Construction Engineer/Construction Coordinator and the Project Engineer/Project Manager cannot agree the Construction Engineer/Construction Coordinator will promptly contact the Field Engineer or the District Construction Engineer of KDOT who will determine the necessary course of action. (8) The Consultant warrants that it is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past three years; does not have a proposed debarment pending; and has not been indicted, convi%ted, or had a civil judgement rendered against (it) by a court of competent jurisdiction in any manner involving fraud or official misconduct within the past three years. -5- D. AGENCY COORDINATION AND COOPERATION (1) Contact and coordination with all affected local, state and federal agencies including the FHWA; private consultants and contractors; the general public; utilities and railroad companies shall be the responsibility of the KDOT. (2) The Consultant shall cooperate fully with the KDOT; and with local, state and federal agencies including the FHWA, the general public, utilities, railroad companies, and private consultants and co~trac~ors when se directed by the KDOT. Such cooperation may include attendance at conferences. E. MEETINGS A/qD CONFERENCES (1) Conferences as may be necessary for the discussion and review of the services under this Agreement shall be scheduled between the Consultant and the KDOT. These conferences may include field review of the Project. (2) Conferences may be held upon the request of the Consultant or the KDOT. II. PROSECUTION AND PROGRESS A. GENERAL (1) Written authority to proceed with the services on any construction Project under this Agreement will be given by the KDOT to the Consultant. The KDOT will not be responsible for any services performed by the Consultant prior to such authorization or liable for payment therefore. (2) Services performed under this Agreement will commence with attendance at a formal Construction Conference by the Consultant and the KDOT, unless otherwise stated elsewhere in the Agreement or at the direction of the Construction Engineer/Construction Coordinator during an informal Construction Conference. Attendees at a formal Construction Conference shall include representatives of KDOT's Area Engineer and the Construction office (Construction Engineer/Construction Coordinator) and Consultant's Project Engineer/Project Manager and such other representatives as may be designated by each party to the Agreement. The KDOT will notify the Consultant of the location, date and time and will make necessary -6- arrangements for the conference. Topics for discussion shall include scepe of the Centractor's construction operations and an~icipaked schedule, review ef necessary staffing by the Consultant, lines ef communication and autherity, equipment needs, standard practices ef the KDOT, and related subjects. (3) The Censultant shall attend the formal Censtruction Cenference held between the KDOT, the Centracter and invelved utilities and agencies, unless otherwise stated elsewhere in the Agreement. (4) The Censultant shall have KDOT Certified Inspector(s) ef the apprepriate classificatien on the project er plant site at all times when werk which requires inspection is being perfermed. The inability of a Consultant te previde appropriately certified inspectors fer a preject, may at the Secretary's discretion, give cause for termination of this Agreement. (5) The Agreement shall be considered completed upon notice of written release from KDOT therefor unless previously terminated as provided in Section II C. (6) Should the KDOT deem it necessary for the Consultant to render additional services for review of contract items, conditions, claims or litigation matters after completion of the Agreement, the Consultant agrees to cooperate and render such requested services. Such services shall be paid for in the amount and manner mutually agreed upon by the LPA and the Consultant. (7) A Close-Out Conference may be held upon completion of this Agreement to evaluate the performance of the Consultant. Attendees shall include the Field Engineer, representatives of the construction office (including Construction Engineer/Construction Coordinator) and Consultant's Project Engineer/Project Manager and such other representatives as may be designated by each party to the Agreement. The KDOT will notify the Consultant of the location, date and time and will make necessary arrangements for the conference. The evaluation shall consider the quality of the Consultant's work, adequacy of staffing, extent of corrections, cooperation and related subjects. -7- B. DELAYS AND EXTENSIONS (1) Delays catlsed through no fault of the Consultant max' be cause for extension of time ils completion of the work. Time extensions may be granted by NDOT upon reasonable claim and justification by the Consultant and when necessary, approval has been given by the FHWA. Approved time extensions may also be cause for consideration ef adjustments in payment, where warranted and approved by KDOT. C. TERMINATION OF AGREEMENTS (1) The right is reserved by the KDOT to terminate all or part of this Agreement at any time upon written notice to the Consultant. Such notice shall be sent not less than ten (10) days in advance of the termination date stated in the notice. (2) The Consultant may terminate this Agreement, in the event of substantial failure of other parties to perform in accordance with the terms hereof, upon ten (10) days written notice in advance of the effective date of such termination received by all parties to this Agreement. (3) In the event the Agreement is terminated by the KDOT without fault on the part of the Consultant, the Consultant shall be paid for the work performed or services rendered under the Basis of Payment determined for the Agreement. (4) In the event the services of the Consultant are terminated by the KDOT for fault including but not limited to: unreasonable delays in performance; failure to respond to KDOT requests; and/or unsatisfactory performance on the part of the Consultant, the Consultant shall be paid the reasonable value of the services performed or rendered and delivered to the KDOT up to the time of termination. The value of the services performed, rendered and delivered will be determined by the KDOT. In the case of any dispute as to payment arising under this Agreement pertinent information will be s. ubmitted to a Review Committee for resolution. The Review Committee will be comprised of a maximum of two (2) representatives from each of the Agreement parties. (5) In the event, of the death of any member or partner et the Consultant's firm, the surviving members shall complete the services, unless otherwise mutually agreed upon by the LPA and the KDOT and the survivors, in which case the Consultant shall be paid as set forth in Section II C (2) above. D. SUBLETTING OR ASSIGNMENT OF CONTRACT (1) The Consultant shall not sublet or assign all or any part of the services under this Agreement without uhe prior written approval ef uhe KDOT. Consent by the KDOT te assign, sublet er otherwise dispose ef any portion ef the Agreement shall not be construed te relieve the Consultant of any responsibility for the fulfillment ef the Agreement. (2) Ail the applicable terms of this Agreement remain in force and are a condition to any services approved to be sublet er assigned. Specific reference is made te Nondiscrimination and Equal Employment Opportunity, as applicable te the subcontract. III. BASIS OF PAYMENT A. GENERAL (1) The Consultant will be paid the supported actual salaries and direct costs, fixed overhead rate and net fee by the KDOT for the completed and approved (by KDOT District) services rendered under this Agreement on the basis of and at the Agreement price set forth in the Special Construction Provisions (Special Attachment), and for Extra Work if any, at the compensation therefore set forth in an approved supplement to this Agreement covering such work. The extra work will be paid for separately and in addition to the foregoing amount listed in the Special Construction Provisions (Special Attachment). Payment shall be full compensation for services performed or rendered and for all labor, material, supplies, equipment and incidentals necessary to complete the work. The Consultant agrees to provide the LPA with a status of expenditures by sending the LPA a copy of each voucher that is submitted to the KDOT for payment. The LPA copy shall be marked "For Information Only". -9- (2) The Consultant wil. l submit; to the KDOT overhoad va~es for audi~ within seventy-five (75) days after completion of ti~e Consul tant's fiscal year. Overhead rates will be audited and the Consultant will assemble work papers at their normal place of business 3 The Consultant agrees to use a fixed overhead rate that shall be 141.34% for both the Agreement and any supplements to the Agreement for the purposes of billing the Secretary. 4 Should the Agreement contain more than one (1} construction project, any and all invoices and the final statement shall itemize charges by individual project. 5) Final payment of any balance due the Consultant of the ultimate gross amount earned will be made promptly upon its verification by the KDOT, upon completion of the work under this Agreement and its acceptance by the KDOT, and upon receipt of the survey notes, records, reports, final estimates, record drawings, Manuals, Contract Documents, guides, and other documents required to be returned or to be furnished under this Agreement. IV. WORK ORDERS, EXTRA WORK, OR DECREASED WORK (1 Written orders regarding the services to be performed will be given by the KDOT. Orders that do not change the scope of services in the Agreement, but increase or decrease the quantity of labor or materials or the expense of the services, shall not annul or void this Agreement. (2 The Consultant must proceed with the services as directed by furnishing the necessary labor, equipment, materials and professional services to complete the services within the time limits specified in schedules or as adjusted by agreement of the parties. (3 If in the Consultant's opinion such orders involve services not included in the terms or scope of this Agreement, the Consultant must notify the KDOT in writing of this opinion if extra compensation is desired, along with a copy to the LPA. (4 If in the Consultant's opinion such orders would require the discarding or redoing of services which was based upon earlier direction or approvals, the Consultant must notify the KDOT in writing if this opinion, and that extra compensation is desired, along with a copy to the LPA. -10- 5 Such nokificati~,n shall include the justi ficat, ion fo: the claim for extra compensation and khe estt imated amount of additional fee requested. 6 The KDOT will review the Consultant's submittal and, if acceptable, approve a supplement to this Agreement. Services for extra work may only proceed upon authorization by the KDOT, which will be followed up with the execution of the supplemental agreement. V. MISCELLANEOUS PROVISIONS A. CONSTRUCTION ENGINEERING STANDARDS (1) Ail services performed under this Agreement shall be done in accordance with the current standard practices of the KDOT as contained in the Contract Documents, Manuals, guides and written instructions of the KDOT. (2) No variations will be permitted except by written order from the KDOT. B. REVISION OF SPECIFICATIONS AND PLANS (1) The KDOT may, by written notice and without invalidating this Agreement, make changes in the Specifications, Construction Contract, Plans or Special Provisions resulting in the revision or abandonment of services already performed by the Consultant or resulting in work by the Consultant not contemplated in the Agreement. (2) Claims by the Consultant for compensation for services resulting from such revisions shall be submitted and processed in accordance with Section IV of this Agreement. C. OWNERSHIP OF DOCUMENTS (1) Upon completion or termination of this Agreement all Manuals, Contract Documents, guides, written instructions, unused forms and record-keeping books, and other written data and information furnished to the Consultant by the KDOT for the performance of the Agreement, and all survey notes, diaries, reports, records and other information and data collected or prepared by the Consultant in the performance of this Agreement shall be properly arranged and delivered to the KDOT, and shall become the property of the KDOT. Agreement are instruments ot service in respect ot the Project. They are net intended or re;}resented te be suitable for reuse by the Secretary or others on extensions ef the Project or en any other Project. Any Feuse without written verificatio:; er adaptation by Consultant for the specific purpose intended will be at the Secretary's sole risk and wilheut liability or legal exposure te the Consultant; and Secretary shall indemnify and hold harmless Cons';] ~anE from al! claims, damages, losses and expenses, including a~torney's fees, arising out ef or resulting there from. Any such verification er adaptation will entitle Consultant te further compensation at rates to be agreed upon by Consultant and Secretary. D. CONTINGENT FEES (1) The Consultant warrants that they have not employed or retained any company or person, other than a bonafide employee working solely for the Consultant to secure this Agreement, and that they have not paid or agreed to pay any company or person, any fee, commission, percentage, brokerage fees, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty the KDOT in consultation with the LPA shall have the right to annul this Agreement without liability. E. AGREEMENT ITEMS (1) It is also understood and agreed that the Project plans, Specifications, Special Provisions, and Construction Contract Proposal, as available, and the Agreement Estimate and other Special Attachments (Index provides List of Special Attachments and specifically includes Nondiscrimination in Employment) are all essential documents of this Agreement and are hereby incorporated by reference into this Agreement and are a part thereof. -12- F. ACCESS TO R]ECOPJDS (1) The Consultant and subcontractors to the Consultant if any, agree to maintain for inspection and audit by the LPA, KDOT and the FHWA all books, documents, papers, accounting records and other evidence pertaining to all costs incurred under this Agreement and to make such materials available at their respective offices at all reasonable times during the life of the Agreement and for three (3) years from the date of the final federal payment to KDOT under the Agreement, and to furnish copies thereof if requested. (2) If more than a nominal number of copies are requested, the additional copies shall be furnished at the expense of the requesting agency. (3) The Consultant will maintain these materials at the Consultant's offices noted in the Specific Construction Provisions. G. LEGAL RELATIONS (1) The Consultant shall become familiar with, and shall at all times observe and comply with, all applicable federal, state, and local laws, ordinances and regulations. (2) The Consultant shall be responsible for any and all damages to property or persons arising out of an error, omission and/or negligent act in the Consultant's performance of services under this Agreement. H. WORKER'S COMPENSATION AND OTHER EMPLOYEES PROVISIONS (1) The Consultant will accept full responsibility for payment of Unemployment Insurance, Worker's Compensation and Social Security as well as income tax deductions and any other taxes or payroll deductions requi~ed by State and Federal Law for the Consultant's employees engaged in work authorized by this Agreement. I. ERRORS AND OMISSIONS (1) The Consultant shall be responsible for the accuracy of the work performed by the Consultant under the Agreement, and shall promptly make necessary revisions or corrections resulting from their negligent acts, errors or omissions without additional compensation. -13- (2) The Consultant shall give immedi, aLe attention Lo these revisions or corrections to prevent or minimize delay Lo the Contractor. (3) The Consultant shall be responsible ~or any damages incurred as a :~est~lt of hhei r errors, omi ssions or negligent acks and for any ~esses er costs to repa~ or remedy construction. J. CONFLICT OF INTEREST (1) The Consultant warrants they have no public or private interest, and shall net acquire directly or indirectly any such interest, which would conflict in any manner with the performance of the work under the Agreement. Specifically, the Consultant is prohibited from performing contractor construction staking er any ether work that is the construction contractor's responsibility on this project. (2) The Consultant will not, without written permission from the KDOT, engage the services of any person(s) in the employment of the KDOT for any work required by the terms of this Agreement. K. CONTRACTUAL PROVISIONS ATTACHMENT (1) The provisions found in Contractual Provisions Attachment (form ~A-146a), which is attached hereto, are hereby incorporated in this contract and made a part hereof. L. HOLD HARMLESS CLAUSE (1) The Consultant hereby expressly agrees to save the Secretary and the LPA and the Secretary's and the LPA's authorized representatives harmless from any and all costs, liabilities, expenses, suits, judgements and damages to persons or property caused by the Consultant, it's agents, employees or subcontractors which, may result from negligent acts, errors, mistakes or omissions from the Consultant's operation in connection with the services to be performed hereunder. (2) The LPA hereby expressly agrees to save the Secretary and the Secretary's authorized representatives harmless from any and all costs, liabilities, expenses, suits, judgments and damages to persons or property caused by the LPA, it's agents, employees or subcontractors which may result from negligent acts, errors, mistakes or omissions from the LPA's operation in connection with the services to be performed hereunder. -14- M. CERTIFICATE OF COMPLIANCE WITH K.S.A. 46-239(c) (1) The Consultant agrees to certify that it ia in compliance with K.S.A. 46-239(c) by signing the Certificate of Compliance Special Attachment No. 7, which is hereby made a part of this agreement. IN WITNESS WHEREOF: The parties hereto have caused this Agreement to be signed by their duly authorized officers. It is further understood that this Agreement and all other Agreements entered into under the provisions of this Agreement shall be binding upon the parties to this Agreement and their successors in office. RECOMMEND FOR APPROVAL: APPROPRIATE LOCAL OFFICIAL: County Engineer Chairperson of Board of County Commissioners ATTEST: Member County Clerk Member ATTEST: BY Wilson & Company Name Consultant TITLE: Senior Associate Name Ronald L. Chandler E. Dean Carlson Secretary of Transportation By: ~arren L. S±ck, P.E. Assistant Secretary and State Transportation Engineer -15- INDEX OF ATTACHMENTS 1. Special Attachment No. 1 Specific Construction Provisions 2. Special Attachment No. 2 Certification 3. Special Attachment No. 3. Civil Rights Act of 1964 Rehabilitation Act of 1973 Americans With Disabilities Act of 1990 Age Discrimination Act of 1975 Executive Order 12898 of 1994 4. Special Attachment No. 4 Contractual Provisions Attachment 5. Special Attachment No. 5 Listing of KDOT Certified Inspectors 6. Special Attachment No. 6 Estimate of Engineering Fee 7. Special Attachment No. 7 Certificate of Compliance with K.S.A. 46-239(c) ~heet i of 6 SPECIAL ATTACHMENT NO. 1 SPECIFIC CONSTRUCTION PROVISIONS I. SCOPE OF SERVICES A. SERVICES TO BE PERFORMED BY THE CONSULTANT The Consultant agrees to: (1 Attend all conferences designated by the KDOT, or required under the terms of the Agreement. (2 Designate a Project Engineer/Project Manager who shall meet KDOT's certification policy and report and transmit Project activity and documents to KDOT's Construction Office. (3 Assign KDOT Certified Inspector(s) of the appropriate classifications to the Project to perform the services required under the Agreement in a timely manner to avoid delay to the Contractor. (4 Become familiar with the standard practices of the KDOT, the Contract Documents (Specifications, Construction Contract Proposal, Special Provisions and Plans), and the Contractor's proposed schedule of operations prior to beginning field services to be performed under the Agreement. (5) Perform the Consultant's field operations in accordance with accepted safety practices. (6) Furnish all equipment required to accomplish the Consultant's services and to check or test it prior to use on the Project. (7) Provide for Consultant personnel such transportation, supplies, materials and incidentals as are needed to accomplish the services required under the Agreement. (8) Undertake the following: Transmit orders from the KDOT to the Contractor and provide guidance in the proper interpretation of the Specifications and Plans. Perform or provide construction surveys, staking, and measurements needed by the Contractor (unless provided for in the contract where contractor construction staking is to be performed as a bid item by the Contractor) and perform measurements and surveys that are involved in the determination of final pay quantities. Inspect all phases of construction operations to determine the Contractor's compliance with Contracu Documents and to reject such work and materials which do not comply with Contract Documents until any questions at issue can be referred to and be decided by the KDOT Field Engineer. Take field samples and/or test materials to be incorporated in the work, and reject those not meeting the provisions of the Contract Documents until any questions at issue can be referred to and be decided by the Field Engineer. Make certain that test report records or certificates of compliance for materials tested off the Project site and required, prior to the incorporation in the work, have been received. Keep such daily diaries, logs and records as are needed for a complete record of the Contractor's progress, including Project Engineer/Manager and Inspector's diaries. Measure and compute all materials incorporated in the work and items of work completed, and maintain an item account record. Provide measurement and computation of pay items. Prepare and submit, or assist in preparing, such periodic, intermediate and final reports and records as may be required by the KDOT and as are applicable to the Project, which may include: a. Progress Reports b. Weekly statement of working days c. Notice of change in construction status d. Report of field inspection of material e. Test report record f. Contractor pay estimates g. ~Pile driving data h. Piling record i. Final certification of materials j. Explanation of quantity variation k. Statement of time 1. Other records and reports as required by the Project Review, or assist in reviewing, all Contractor submittals of records and reports required by the KDOT, as applicable to the Project, which may include: a. Requests for partial and final payment b. Other reports and records as required by the individual Project (9) Prepare and submit if desired by the Consultant, partial payment invoices for services rendered by the Consultant, but not to exceed one submittal per month. (10) Collect, p~operly label or identify, and deliver to the KDOT all original diaries, logs, notebooks, accounts, records, reports and other documents prepared by the Consultant in the performance of the Agreement, upon completion or termination of the Agreement. (11 Return, upon completion or termination of the Agreement, all Manuals, Contract Documents, guides, written instructions, unused forms and record keeping books, and other documents and materials furnished by the KDOT. The Consultant shall be responsible for replacing lost documents or materials at the price determined by the KDOT. (12 Prepare and submit a certification of Project completion. (13 Prepare and submit a final payment voucher for services rendered by the Consultant. (14 Prepare and deliver (when Project is completed) one copy of major changes to the plans (by letter) to the KDOT. The letter should contain such items as the following: a. Earthwork and Culverts ~-. A revised list of benchmarks 2. Location of government benchmarks 3. Major changes in alignment 4. Major changes in grade line 5. Established references on cornerstones 6. Major changes in location of drainage structures 7. Major changes in flow-line of drainage structures 8. Drainage structures added or deleted 9. Any change of access control b. Bridges 1. Changes in stationing 2. Changes in type, size or elevation of footings 3. Changes in grade line Si%eet 4 of ~ B. SERVICES TO BE PROVIDED BY THE SECRETARY (14) The Secretary agrees to: a. Make available to the Consultant sufficient copies of the Contract Documents, shop drawings, plan revisions, written instructions and other information and data considered by the KDOT to be necessary to enable the Consultant to perform the services under this Agreement, for the Project to the same standards required of the KDOT's personnel. b. Provide for the use of the Consultant a sufficient supply of the blank diaries, logs, record keeping books and reporting forms considered by the KDOT to be necessary for the Consultant to perform the services under this Agreement to the same standards required of the KDOT'S personnel. c. Provide space in the field office and field laboratory furnished by the Contractor under the terms of the Construction Contract Proposal, for the occupancy and use of the Consultant until completion of the construction work. d. Perform or provide for laboratory testing of materials requiring off-site testing facilities and obtain test reports or certificates of compliance hereof. e. Perform all necessary weld inspection when there is welding for bridge beam connections and splices, and for sign supports. This includes all cross frames, diaphragm connections, and stud welding. f. Designate a Construction Engineer/Construction Coordinator in the Construction Office with the .duties and responsibilities set forth in Section IC of the General Construction Provisions of the Agreement. g. Provide, through the Field Engineer and the District Staff, such assistance and guidance to the Consultant as may be reasonably necessary to perform and complete the Agreement in conformance with standard construction engineering practices of the KDOT. (2) The Secretary reserves the right to assign and charge to the Project such KDOT personnel as may be needed. Sheet 5 of 6 II. PROSECUTION A/qD PROGRESS A. It is anticipated that the services to be performed under the construction contract will start in 2000, and be completed by 200'0. B. The Consultant shall complete all services to be rendered under this Agreement no later than two months after completion of Project construction. Failure to comply may result in disqualification of the Consultant's Project Engineer/Project Manager or Chief Inspector until proper documentation is submitted and accepted. III. BASIS OF PAYMENT A. Compensation of services provided by the Consultant under the terms of the Agreement shall be made on the basis of the reimbursable Consultant's actual cost plus a net fee amount of $9,930.84. The actual cost shall be incurred in conformity with the cost principles established in Volume 1, Chapter 7, Section 2 of the Federal-aid Highway Policy Guide and 48 Code of Federal Regulations (CFR) Chapter 1, Part 31 et seq. The upper limit of compensation for services detailed in the Agreement shall be $80,880.44. B. Compensations for services during the progress of work normally will be made to the Consultant within 30 days after receipt by the Secretary of proper billing and when supported by appropriate documentation. Partial intervals of more than one per calendar month. Progress billings shall be acceptable to the Secretary before payments can be made to the Consultant. Unless extra work has been authorized by the Secretary, the total of the final payment and previous payments can not exceed the upper limit of compensation approved for the work. If extra work has been authorized it will be reimbursed as per the terms of the supplemental agreements(s). C. The Secretary will pay 100 percent of all partial billings up to 95 percent of the upper limit of compensation. Any further amount due will be held until all deliverables (field books, CMS disks, asbuilt plans, etc.) are obtained by the KDOT field office from the consultant. When all deliverables are received by KDOT the remainder due may be paid if requested by the consultant minus a $500.00 retainage or the amount earned in excess of 95 percent of the upper limit, whichever is less. If partial payments never reach 95 percent of the upper limit~ the consultant may request payment of 100 percent of the amount earned minus a $500.00 retainage. The retainage amount will be released to the consultant when the agreement has been audited by KDOT. Sheez 6 o~ 6 D. The Secretary will reimburse the Consultant for the approved vouchered amount up to the upper limit of compensation (or upper limit plus any amount approved by a revised supplemental.) for work detailed in the Agreement. The payments will be made provided the LPA has submitted to KDOT the estimated LPA's share of the Project cost and uhe LPA's estimated share of the Construction Engineering cost. E. If the Agreement's upper limit of compensation exceeds the amount approved by the FHWA, the KDOT will reimburse the Consultant for the approved voucher fee (not to exceed the Agreement's upper limit of compensation unless authorization has been granted and included in a revised supplemental). The LPA will reimburse the KDOT for fees vouchered by the Consultant and approved by KDOT up to the upper limit of compensation in the Agreement that may exceed the FHWA's approved amount unless provisions are provided for payment under State law. IV. MISCELLANEOUS PROVISIONS A. AUTHORIZED REPRESENTATIVES (1) The Field Engineer for the KDOT will be Ms. Jean F. Istas, whose work address is 1014 North 3~d Street, Salina, Kansas 67402-0857 and work telephone is 785- 827-6286. (2) The Project Engineer/Project Manager for the Consultant will be Ms. Karla S. Waters, Certification Number 718 (expiration date is April 12,2002), whose work address is 1700 East Iron Avenue, Salina, Kansas 67401 and work telephone is 785-827-0433. (3) The Chief Inspector for the Consultant will be Ms. Heather A. Carpenter, Certification Number 1565 (expiration date is March 12, 2001), whose work address is 1700 East Iron Avenue, Salina, Kansas 67402-1640 and work telephone is 785-827-0433. (4) The contact person for the LPA will be Mr. Shawn O'Leary, P.E., whose work address is 300 West Ash Street and work telephone is 785-826-7290. B. ACCESS TO RECORDS (1) Ail documents and evidence pertaining to costs incurred under this Agreement will be available for inspection during normal business hours in the Consultant's office, located at 1700 East Iron Avenue, Salina, Kansas 67401, for a period of three (3) years following final Agreement payment. Special Attachment No.2 Sheet l of 2 Project No. 85 U-1699-01 CERTIFICATION CERTIFICATION OF CONSULTANT I hereby certify that I am ~ an officer and duly authorized representative of the firm of Wilson & Company' , whose address is 1700 E. Iron Avenue, Salina, KS 67401 and that neither I nor the above firm I here represent has: (a) employed or retained for the commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this contract, (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the contract, or (c) paid, or agreed to pay, to any firm, organization of persons(other than a bonafide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the contract; except as here expressly stated (if any): I acknowledge that this certificate is to be furnished to the Secretary of the Kansas Department of Transportation in connection with this contract and is subject to applicable State and Federal laws, both criminal and civil. February 17, 2000 (Date) (Signature) CERTIFICATION OF THE STATE TRANSPORTATION ENGINEER I hereby certify that I am the State Transportation Engineer of the State of Kansas and that the above Consultant or his representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this Agreement to (a) employ or retain, or agree to employ or retain, any firm or person, or (b) pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as here expressly stated (if any): I acknowledge that this certificate is to be furnished to the above referenced firm in connection with this Agreement, and is subject to applicable State and Federal laws, both criminal and civil. £. Dean Carlson Secretary of Transportation By: (Date) Warren L. Sick, P.E. Assistant Secretary and 10-7-1998 State Transportation Engineer Special Akkac?:ment Ne.2 Shoe'. 2 e~ 2 City/County CERTIFICATION OF LPA (CITY OR COUNTY) We hereby certify that we are the above-noted LPA's Appropriate Local Officials authorized te sign for the City/County and that the Censu]tan% noted in Sheet 1 ef this Special Attachment er h%s representative has net been required, directly er indirectly, as an expressed er implied condition in connection with obtaining er carrying out this agreement to: (a) employ er retain, er agree te employ or retain, any firm er person, or, (b) pay, er agree te pay, to any firm, person, er organization, any fee, contribution, donation, or consideration ©f any kind: except as herein expressly stated (if any): We acknowledge that this certificate is to be furnished to the above referenced firm in connection with this Agreement, and is subject to applicable State and Federal laws, both criminal and civil. (Date} Hayer/Chairperson of Beard of County Commissioners Hember Hember KANSAS DEPARTMENT OF TRANSPORTATION Special Attachment To Contracts oi- Agreements Entered Into By the Secretary of Transportation of the State of Kansas NOTE: Whenever this Special Attachment conflicts with provisions o£ the Document to which it is attachcct, this Special Attachment shall govern. THE CIVIL RIGHTS ACT OF 1964, and any amendments thereto, REHABILITATION ACT OF 1973, and any amendments thereto, AMERICANS WITH DISABILITIES ACT OF 1990, and any amendments thereto, AGE DISCRIEViINATION ACT OF 1975, and any amendments thereto, EXECUTIVE ORDER 12898, FEDERAL ACTIONS TO ADDRESS ENVH~ONMENTAL JUSTICE IN MINORITY POPULATIONS AND LOW INCOME POPULATIONS (1994), and any amendments thereto, 49 C.F.R. Part 26.1 (DBE Program), and any amendments thereto NOTIFICATION The Secretary of Transportation for the State of Kansas, in accordance with the provisions of Title VI and Title VII of the Civil Rights Act of 1964 (78 Stat. 252), {}504 of the Rehabilitation Act of 1973 (87 Stat. 3555) and the Americans with Disabilities Act of 1990 (42 USC 12101), the Age Discrimination Act of 1975 (42 USC 6101), the Regulations of the U.S. Department of Transportation (49 C.F.R., Part 21, 23, and 27), issued pursuant to such ACT, Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations (1994), and the DBE Program (49 C.F.R., Part 26.1), hereby notifies all contracting parties that, the contracting parties will affirmatively insure that this contract will be implemented without discrimination on the grounds of race, religion, color, gender, age, disability, national origin, or minority populations and low income populations as more specifically set out in the following nine "Nondiscrimination Clauses". CLARIFICATION Where the term "consultant" appears in the following seven "Nondiscrimination Clauses", the term "consultant" is understood to include all parties to contracts or agreements with the Secretary of Transportation of the State of Kansas. Nondiscrimination Clauses During the performance of this contract, the consultant, or the consultant's assignees and successors in interest (hereinafter referred to as the "Consultant"), agrees as follows: (1) Compliance with Regulations: The consultant will comply with the Regulations of the U. S. Department of Transportation relative to nondiscrimination in federally-assisted programs of the U.S. Department of Transportation (Title 49, Code of Federal Regulations, Parts 21, 23 and 27, (Revised 07-29- 1999) hcrcinal'tcr referred to as thc t~',ogulations), which at-c heroin incorporated hy rci~crcncc and made a part of this contract. Nondiscrimii~ation: Thc consultant, with rcgard to thc work pel'ibrmcd by thc consultant award and prior to tiao completion offttao contract work, will not discriminate on thc grounds n~ce, religion, color, gender, ago, disability, national origin or minority populations and low income populations in the selection and retention ot' subcontractors, inclmting procurements oi' materials and leases of equipment. The consultant will not participate either directly or indirectly in the discrimination prohibited by $ection 21.5 of thc Regulations, including emplo~ent practices when the contract covers a pro,am set fo~h in Appendix B of the Regulations. (3) Solicitations for Subcontractors, Including Procurements of Material and Equipment: In all solicitations, either competitive bidding or negotiation made by the consultant for work to be performed under a subcontract including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the consultant of the consultant's obligation under this contract and the Regulations relative to nondiscrimination on the grounds of race, religion, color, gender, age, disability, national origin or minority populations and low income populations. (4) Information and Reports: The consultant will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and the Secretary of the Transportation of the State of Kansas will be permitted access to the consultant's books, records, accounts, other sources of information, and facilities as may be determined by the Secretary of Transportation of the State of Kansas to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a consultant is in the exclusive possession of another who fails or refuses to furnish this information, the consultant shall so certify to the Secretary of Transportation of the State of Kansas and shall set forth what efforts it has made to obtain the information. (5) Employment: The consultant will not discriminate against any employee or applicant for employment because of race, religion, color, gender, age, disability, or national origin. (6) Sanctions for Noncompliance: In the event of the consultant's noncompliance with the nondiscrimination provisions of this contract, the Secretary of Transportation of the State of Kansas shall impose such contract sanctions as the Secretary of Transportation of the State of Kansas may determine to be appropriate, including, but not limited to, (a) withholding of payments to the consultant under the contract until the contractor complies, and/or (b) cancellation, termination or suspension of the contract, in whole or in part. (7) Disadvantaged Business Obligation (Revised 07-29- 1999) Special ,,\ttachmcnt 3 (a) Disadvantaged Busillesscs as defined in thc I~.cgulations, shall have a lox, tel playing field to compete fairly for contracts financed in whole or in part with Federal funds under this contract. (b) All necessary and reasonable steps shall be taken accordance with the Rcgulations to ensure that Disadvantaged Businesses have equal opportunity to compete for and perform contracts. No person(s) shall be discriminated against on the basis of race, color, gender, or national origin in the award and performance of federally-assisted contracts. (c) The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of Federally-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. (8) Executive Order 12898 (a) To the extent permitted by existing law, and whenever practical and appropriate, all necessary and reasonable steps shall be taken in accordance with Executive Order 12898 to collect, maintain, and analyze information on the race, color, national origin and income level of persons affected by programs, policies and activities of the Secretary of Transportation and use such information in complying with this Order. (9) Incorporation of Provisions: The consultant will include the provisions of paragraph (1) through (8) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, order, or instructions issued pursuant thereto. The consultant will take such action with respect to any subcontract or procurement as the Secretary of Transportation of the State of Kansas may direct as a means of enforcing such provisions including sanctions for noncompliance: P~ovided, however, that, in the event a consultant becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the consultant may request the State to enter into such litigation to protect the interests of the State. (Revised 07-29-1999) Special Attachment 4 OA-146a (Rev 08J99) CONTRACTUAL PROVISIONS ATTACHMENT hnpodanl: This form contains mandatory contract provisions and must be atlached to or incorporated in all copies of any contractual agreement. If it is attached to the vendor/contractor's standard contract form, then that term must be altered to contain the following provision: "The Provisions found in Contractual Provisions Attachment (Form DA-146a, Rev. ), which is attached hereto. are hereby incorporated in this contract and made a part thereof." The parties agree that the following provisions are hereby incorporated into the contract to which it is attached and made a part thereof, said contract being the _ day of , _ . 1. TERMS HEREIN CONTROLLING PROVISIONS It is expressly agreed that the terms of each and every provision in this attachment shall prevail and control over the terms of any other conflicting provision in any other document relating to and a part of the contract in which this attachment is incorporated. 2. AGREEMENT WITH KANSAS LAW All contractual agreements shall be subject to, governed by, and construed according to the laws of the State of Kansas. 3. TERMINATION DUE TO LACK OF FUNDING APPROPRIATION If, in the judgment of the Director of Accounts and Reports, Department of Administration, sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, State may terminate this agreement at the end of its current fiscal year. State agrees to .give wdtten notice of termination to contractor at least 30 days pnor to the end of its current fiscal year, and shall give such not~ce for a greater period prior to the end of such fiscalyear as may be provided in this contract except that such notice shall not be required pnor to 90 days before the end of such fiscal year. Contractor shall have the dght, at the end of such fiscal year, to take possessior~ of any equipment provided State under the contract. State will pay to the contractor all regular contractual payments incurred through the end of such fiscal year, plus contractual charges incidental to the return of any such equipment. Upon termination olthe agreement by State, title to any such equipment shall revert to contractor at the end of State's current fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the agency or the contractor. 4. DISCLAIMER OF LIABILITY Neither the State of Kansas nor any agency thereof shall hold harmless or indemnify any contractor beyond that liability incurred under the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.). 5. ANTI-DISCRIMINATION CLAUSE The contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq,) and the Kansas Age Discrimination in Employment Act (K.S.A. 44-111 et seq..) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101 etseq,) (ADA) and to not discriminate-~gainst any person because of race, religion, color, sex, disability national origin or ancestry, or age in the admission or access to, or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, thephrase "equal opportunity employer"; ( c ) to comply with the reporting requirements set out at K.S.A. 44-1031 and K.S.A. 44-1116; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the repoding requirements of ( c ) above or if the contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission such violation shall constitute a breach of contract and the contract may be cancelled, terminated or suspended, in whole or in part, by the contracting state agencyor the Kansas Department of Administration; (f) if it is determined that the contractor has violated applicable provisions of ADA, such violation shall constitute a breach of contract and the contract may be cancelled, terminated or suspended, in whole or in part, by the contracting state agency or the Kansas Department of Administration. Parties to this contract understand that the provisions of this paragraph number 5 (with the exception of those provisions relating to the ADA) are not applicable to a contractor who employs fewer than four employees during the term of such contract or whose contracts with the contracting state agency cumulatively total $5,000 or less dudng the fiscal year of such agency. 6. ACCEPTANCE OF CONTRACT This contract shall not be considered accepted, approved or otherwise effective until the statutorily required approvals and certifications have been given. 7. ARBITRATION, DAMAGES, WARRANTIES Notwithstanding any language to the contrary, no interpretation shall be allowed to find the State or any agenc~ thereof has agreed to binding arbitration, or the payment of damages or penalties upon the occurrence of a contingency. Further, the State of Kansas shall not agree to pay attorney fees and late payment charges beyond those available under the Kansas Prompt Payment Act (K.S.A. 75-6403), and no provision will be given effect which attempts to exclude, modify, disclaim or otherwise attempt to limit implied warranties of merchantability and fitness for a padicular purpose. 8. REPRESENTATIVE'S AUTHORITY TO CONTRACT By signing this contract, the representative of the contractor thereby represents that such person is duly authorized by the contractor to execute this contract on behalf of the contractor and that the contract agrees to be bound by the provisions thereof. 9. RESPONSIBILITY FOR TAXES The State of Kansas shall not be responsible for, nor indemnify a contractor for, any federal, state or local taxes which may be imposed or levied upon the subject matter of this contract. 10. INSURANCE The State of Kansas shall not be required to purchase, any insurance against loss or damage to any personal properly to which this contract relates, nor shall this contract require lhe State to establish a "self-insurance" fundto protect against any such loss of damage. Subject to the provisions of the Kansas Tod Claims Act (K.S.A. 75-6101 et seq.), the vendor or lessor shall bear the risk of any loss or damage to any personal property in which vendor or lessor holds title. 11. INFORMATION No provision of this contract shall be construed as limiting the Legislative Division of Post Audit from having access to information pursuant to K.S.A. 46-1101 et Special Attachment 5 Special Attachment No. 5 Listing of KDOT Certified Inspectors The following list of KDOT Certified Inspectors are available to perform the inspection on this project when required. Name Level of Certification Certification No. Expir. Date 1. Bryant, Matthew W. IIAC 1566 03/12/2001 2. Burch, Justin P. IIAC 1215 03/14/2001 3. Burtchet, William O. IIAC 345 03/19/2002 4. Carmichael, Lee A. IIAC 1256 02/26/2002 5. Carpenter, Heather A. IIAC 1565 03/12/2001 6. Danaher, Douglas G. IIAC 1304 03/06/2002 7. Gilmore, G. Ray IIAC 1133 03/16/2000 8. Kathrineberg, Kyle B. IIAC 375 03/17/2000 9. Klaudt, Justin C. IIAC 1710 03/15/2002 '10. Long, Mitchell J. IIAC 1132 03/16/2000 11. Miles, Timothy M. IIAC 770 03/07/2000 12. Nachbar, Craig S. IIAC 1216 03/14/2001 13. Navarro, David A. IIAC 1257 02/26/2002 14. Nuessen, Ron A. IIAC 985 03/11/2002 15. O'Brien, John J. IIAC 938 04/24/2001 16. Reeder, Carol E. IIC 1208 03/14/2001 17. Squires, Daniel J. IlAC 1400 03/12/2000 18. Waters, Karla S. IIAC 718 04/12/2002 19. 20. 21. 22. 23. 24. 25. %pccial :\tlachmcnt 6 Sheet 1 of 3 EXHIBIT A Supporting Data Sheet for ESTIMATE OF ENGINEERING FEE A. Direct Payroll Contract Administration Work Type Employee Hours Rate Extension 1 Pre-Construction a. Proj. Engr. 6 $27.00 $162.00 Conference b. Primary Insp. 6 18.75 112.50 Subtotal $274.50 2 Field Documentation, a. Proj. Engr. 54 $27.00 $1,458.00 Daily Contract b. Primary Insp. 600 18.75 11,250.00 Documentation c. Technician(s) 150 14.00 2,100.00 Subtotal $14,808.00 3 On-Site a. Primary Insp. 360 $18.75 $6,750.00 Testing b. Technician(s) 164 14.00 2,296.00 Subtotal $9,046.00 4 Quantity a. Primary Insp. 40 $18.75 $750.00 Measurement b. Technician(s) 26 14.00 364.00 Subtotal $1,114.00 5 Final Documentation a. Primary Insp. 40 $18.75 $750.00 Subtotal ~ $750.00 6 Administration a. Administration 32 $45.00 $1,440.00 and Supervision Subtotal $1,440.00 Total Direct Payroll Costs $27,432.50 &COMPANY ~pccial Attachment 6 Shcct 2of 3 Summa. ry of Total Direct Payroll Costs Hours Rate Extension Administration 32 $45.00 $1,440.00 Project Engineer 60 27.00 1,620.00 Primary Inspector 1,046 18.75 19,612.50 Technicians 340 14.00 4,760.00 Total Direct Payroll Costs $27,432.50 13. Salary Related and General Overhead (141.34%) $38,773.10 C. Total Payroll plus Overhead $66,205.60 D. Net Fee $9,930.84 E. Total Direct Payroll, Overhead and Net Fee $76,136.44 F. Direct Expenses Mileage 3,400 miles @ $0.40 = $1,360.00 Meals 40 days @ $8.00 = 320.00 Computer Costs 1,046 hours @ $0.50 = 523.00 Testing Laboratory Services 2,541.00 (Geotechnical Services, Inc.) Total Other Direct Expenses $4,744.00 TOTAL COST PLUS NET FEE $80,880.44 Note: Total Fee does not include costs for off-site testing such as breaking concrete cylinders or concrete beams, running standard soil proctor tests, etc. &COMPANY Special Attachment 6 Sheet 3 of 3 Detailed Summary of Testing Laboratory Expenses Testing Laboratory Expenses I Nuclear Density Testing of Concrete Pavement a. On-site calibration 1 day @ 6 hours @ $38.50* = $231.00 b. Density Tests 6 days @ 6 hours @ $38.50* = $1,386.00 2 Miscellaneous Aggregate Gradations a. 16 tests @ 1.5 hours/test @ $38.50* = $924.00 TOTAL TESTING LABORATORY EXPENSES $2,541.00 (Provided by Geotechnical Services, Inc.) * Standard Hourly Rate &COMPANY SPECIAL ATTACHMENT NO. 7 CERTIFICATE OF COMPLIANCE WITH K.S.A. 46-239(c) Kansas Law (K.S.A. 46-239(c)) requires this agency to report all contracts entered into with any legislator, or any member of a firm of which a legislator is a member, under which the legislator or member of the firm is to perform services for this agency for compensation. The following certification must be filled in by the signator of this contract: Yes, this contract is with a legislator or a firm in which a legislator is a member. That legislator is Business Telephone , Address (Street, City, State, Zip Code) or X No, this contract is not being entered into with a legislator or a firm in which a legislator is a member. The signer understands that this certification is factual and reliable and is a part of this transaction. Date: February 17, 2000 By: Ronald L. Chandler Project No. 85 U-1699-01 City/County: City of Salina/Saline County