8.4 Agr Engr Centennial Road CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE TIME
4/5/99 4:00 P.M.
AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR
AGENDA:
NO. 8 Engineering & General Services
BY: Shawn O'Lea~
ITEM
NO.
BY: ~'~
ITEM
Agreement for construction engineering services with Bucher, Willis & Ratliff Corporation and the
Kansas Department of Transportation for the Centennial Road Improvement Project.
BACKGROUND
The 1999 Capital Improvement Program includes a major transportation project to rehabilitate three
miles of the existing Centennial Road from Crawford Street to Schilling Road. City staff began
work on this project in 1993. The project is to be constructed with the assistance ora grant from the
Federal Highway Administration(FHWA) which is administered by the Kansas Department of
Transportation(KDOT). Bids were received by KDOT in Topeka on Wednesday, March 17, 1999.
The apparent low bidder was Smoky Hill, LLC of Salina in the amount of $4,298,691.10. This bid
information will be formally confirmed by KDOT very soon. The project is tentatively scheduled
to begin construction in May, 1999 with completion by June, 2000.
The attached three-party agreement with Bucher, Willis & Ratliff Corporation and the Kansas
Department of Transportation provides for the construction engineering services on the afore-
mentioned project. This "cost plus net fee" agreement has an upper compensation limit of
$529,258.55.
The grant agreement with KDOT, although intended to provide an 80-20 match, is capped at
$2,478,888.00 or about 51 percent of the combined total of construction costs plus construction
engineering services. The local share of the project costs are shared between the City and Saline
County with an approximate 77-23 match, based upon the actual portions of the project within each
jurisdiction. For the sake of discussion, the City's share of this construction engineering contract
is an upper limit of $81,505.82. If approved, these costs will be financed through general obligation
bonds.
ACTION
It is recommended that the City Commission approve the three-party agreement for construction
engineering services with Bucher, Willis & Ratliff Corporation and the Kansas Department of
Transportation.
Resolution Number 99-5436
.<
CONTI~TLCT FOR
FEDERT~L-&'rD ROAD CONSTRUCTTON
ENGINEER'rNG BY CONSULTANT
(COST PLUS NET FEE ./~GREEMENT)
/ CMS Contract No.
PROJECT NO. 85 U-1643-01
CITY OF SALINA'
SALINE COUNTY
THIS AGREEMENT'entered into this day. of , 19__,
by and between City of Salinaf hereinafter referred to as the
"LPA" (Local Public Authority), as principal, and the consulting
engineering firm of Bucher, Willis & Ratliff Corporation,-
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 September 1, 1998.'
The Consultant's address is 609 West North Street, Salina, Kansas
67401.
WITNESSETH:
WHEREAS, 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 FederalhAid
"Project", consisting of. 4.267 kilometers of Grading, Bridge,
Surfacing, Concrete Pavement,'Seeding, 'Traffic Signal, Pavement
Marking & Signing located in the ;City of Salina, .along
Centennial Rd.' from Schilling Rd. to Crawford St. excepting that
portion from General Jim to Derussy Rd., .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 Highway Program Manual, 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
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Revised 12-5-97
WHEREAS, the Consultant has indicated that it desires to
perform the services set forth in the Agreement upon the terms
and conditions set forth below, and
WHEREAS, the approved plans and specifications for said
Project are available in the KDOT HeadqUarters in Topeka, and
WHEREAS, the .LPA, Consultant, and the Secretary desire to set
forth in this instrument their understanding and agreements
relating to the construction engineering and allocation of costs
for the said Project.
NOW, THEREFORE, in consideration of the' covenants of the
parties and to give this agreement full force and effect in
providing the benefits hereinbefore mentioned, the parties hereto
mutually agree as follows:
I. SCOPE OF SERVICES
A. DEFINITIONS
The term "LPA" shall mean the City/County and
its authorized employees.
(2)
The term "KDOT" shall mean the Kansas Depart-
ment of Transportation and its authorized
representatives.
(3)
The term "Consultant" shall mean the Consult-
.lng' 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 represent-
atives.
(5)
The term ',Contractor" shali mean the individ-
ual,'partnership, joint'ventures, corporation,
or agency undertaking the performance of the
work designated under the terms of the con-
struction contract.
(6)
The term "SpecifiCations'' shall mean the
current Standard Specifications for Road and
Bridge Construction of the Kansas Department
of Transportation, as incorporated in the
construction contract specifications and
'supplementals thereto.
'(7)
The term "Construction Contract Proposal"
shall mean the offer of the bidder or contrac-
tor on the Project, on the prescribed form, to
perform the work and to furnish the labor and
materials at the prices quoted.
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(8) The term "Special Provisions" shall mean the
directions or requirements peculiar to a
Project and not otherwise thoroughly or satis-
factorily included .in the Specifications, and
which are contained 'in the Construction Con-
tract Proposal.
(9) The term "Plans" shall mean the approved
plans, profiles, typical Cross sections,
working drawingsand 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 Pro-
posal, Special Provisions, and Plans, as
defined above.
(11) 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 col-
lected form.
(12) The term "Field Engineer'' Shall for the admin-
istrative control ofthis Agreement be consid-
ered to mean Metro Engineer, Field Engineering
Administrator and/orA rea.Engineer.
GENEP~L RESPONSIBILITIES AND DUTIES
(1)
The COnsultant ShalI perform engineering
services necessary and incidental to the
accomplishment of the Project to the satisfac-
tion of KDOT, and as more fully detailed in
Special Attachment - Specific Construction
Provisions.
(2)
The Consultant shall furnish services, labor,
materials, equipment, supplies, and inciden-'
tals, other than those hereinafter designated
to be furnished by the KDOT, necessary to
conduct and complete the services.
(3)
(4.)
The services performed under this Agreement
shall at all times be subject to the review
and approval of KDOT.
The Consultant and/or LPA's principal contact
'with the KDOT shall be with the construction
field office.
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Ce
(6)
The services performed under this Agreement
shall comply with all applicable federal and
state laws and regulations.
The FHWA shall have the right to participate
in all conferences 'and reviews.
(7)
Compliance with all of the foregoing shall be
considered.to be within the purview of this
'Agreement and shall not constitute a basis for
additional or extra compensation.
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 Engi-
neer.
(3)
The Field Engineer will delegate to a con-
struction 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.
The Consultant will designate a Project Engi-
neer/P~oject 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 responsi-
bilities of the Project Engineer/Project
Manager. The Project Engineer/Project Manager
is not authorized to alter or waive the provi-
sions of the Specifications or the Construc-
tion Contract Proposal. The Project Engi-
neer/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 Engi-
neer/Project Manager shall have the authority
to reject work or materials until any ques-
tions at .issue can be referred to and be
decided by the'Field Engineer.
The use of non_certified inspector(s) for this
project will be limited to specific work after
demonstrating satisfactory performance and
obtaining'written approval by the Field Engi-
neer.
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(4)
(5)
(6)
(7)
(8)
The Project Engineer/Project Manager shall
serve as field supervisor of all Consultant
personnel and services performed under this
Agreement, and to act as liaison between the
Consultant and the KDOT.
The Project Engineer/Project Manager shall
transmit all reports and .paperwork to, and
communicate and coordinate .with the Construc-
tion Engineer/construction Coordinator.
orders or 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 Con-
tractor. If in the. Absence of the Project
Engineer/Project Manager a matter needs prompt
attention, the' Construction Engi-
neer/Construction Coordinator will give the
necessary orders and then notify the Project
Engineer/Project Manager.
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 Engi-
neer/Construction .Coordinator and 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.
The Consultant warrants that it is not cur-
rently 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 hasnot been indicted,
convicted, or had a civil judgement rendered
against (it)'by a court of competent jurisdic-
tion in any manner'involving fraud or official
misconduct within the past three years.
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II.
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 contractors when so
directed by the KDOT. SuCh cooperation may
include attendance at conferences.
MEETINGS AND CONFERENCES
(1)
(2)
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.
Conferences may be held upon the request of
the Consultant or the KDOT.
PROSECUTION.AND PROGRESS
GENERAL
(1)
(2)
Written authority to proceed with the services
on any construction Project under this Agree-
ment will be given by the KDOT to the Consul-
tant. The KDOT Will not be responsible for
any services performed by the' Consultant prior
to such authorization or 'liable for Payment
therefore.
ServiCes performed under this Agreement will
commence with attendance at a formal Construc-'
tion Conference' by the Consultant and the
KDOT, unless otherwise stated elsewhere in the
Agreement or at the direction of the Construc-
tion Engineer/Construction Coordinator during
an informal Construction Conference. Atten-
dees at a formal Construction Conference shall
include representative of KDOT's Area Engineer
and the Construction Office (Construction
Engineer/Construction Coordinator) and Consul-
tant's Project Engineer/Project Manager and
such other, representatives as may be desig-
nated by' each party to the Agreement. The
KDOT will notify the Consultant of the loca-
tion, date and time and will make necessary
arrangements for the
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(3)
(4)
(5)
(6)
(7)
Conference. Topics for discussion shall
include scope of the 'Contractor's construction
operations and anticipated schedule, review of
necessary staffing by the consultant, lines of
communication and authority, equipment needs,
standard practices of, the KDOT, and related
subjects.
The Consultant shall attend 'the formal Con-
struction Conference held between the KDOT,
the Contractor and involved utilities and
agencies, unless otherwise stated elsewhere in
the Agreement.
The Consultant shall have KDOT Certified
Inspector(s) of the appropriate classification
on the project or plant site at all times when
Work which requires inspection is being per-
formed. The inability ~f.a Consultant to
provide appropriately certl'fled inspectors for
a project, may at the .Secretary's discretion,
give cause for termination of this Agreement.
The Agreement shall be 'considered completed
upon payment, and notice of written release
from KDOT therefor unless previously termi-
nated as provided in Section II C.
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 KDOT and
the Consultant.
A Close-Out Conference may be held upon com-
pletion, of this. Agreement to evaluate the
performance of the Consultant. Attendees
shall include, the Field Engineer, represent-'
atives of the construction office (including
Construction Engineer/Construction Coordina-
tor) 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
lo'cation, date and time and will make neces-
sary 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.
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B. DELAYS AND EXTENSIONS
Delays caused through no fault of the Consul-
tant may be cause for extension of time in
completion of the 'work. Time extensions may
be granted by KDOT 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 of adjustments in
payment, where warranted and approved by the
KDOT.
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)
(3)
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.
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 Agree-
ment.
(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/orunsatisfactory 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 infor-
mation will be submitted toa Review Committee
for resolUtion. The Review Committee will be
comprised of a maximum of two (2) represent-
atives from each of the Agreement parties.
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(5)
In the event of the death of any member or
partner of the Consultant's firm, the surviv-
ing 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..
8UBLETTIN~ OR ABBZGNMENT OF CONTI~CT
(1)
The Consultant shall not Sublet or assign all
or any part of the services under this Agree-
ment without the prior written approval of the
KDOT. Consent by the KDOT to assign, sublet
or otherwise dispose of any portion of the
Agreement shall not be construed to relieve
the Consultant of any responsibility for the
fulfillment of the Agreement.
(2)
All the applicable terms of this Agreement
remain in force and a condition to any
services approvedto
. sublet or assigned.
Specific' reference is made to Nondiscrimina-
tion and Equal Employment Opportunity, as
applicable to the subcontract.
III. BASIS OF PAYMENT
(1)
The Consultant will be paid the supported'
actual, salaries and direct costs, fixed over-
head 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 (Spe-
cial 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 per-
formed or rendered and for all labor, mate-
rial, supplies, equipment and incidentals
necessary to complete the work.
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(2)
The Consultant will submit to the KDOT
overhead rates for audit within seventy-five
(75) days after completion of the Consultant's
fiscal year. Overhead rates will be audited
and the Consultant will assemble work papers
at their normal place of business.
(3)
(4)
The Consultant agrees to use a fixed overhead
rate that shalI be 164.61% ffor both the
Agreement and any supplements to the Agreement
for the purposes of billing the Secretary.
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 DECREASEDWORK
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 profesional services
to Complete the' services within the time
limits specified in schedules or as adjusted
by agreement of the parties..
(3)
(4)
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.
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 of this opinion,
and that extra compensation is desired, along
with a copy to the LPA.
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Vo
(5)
Such notification shall include the justifica-
tion for the claim for extra compensation and
the estimated amount of additional fee
requested.
(6) The KDOT will review' ~he Consultant's submit-
tal 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.
MISCELLANEOUS PROVISIONS
A. CONSTRUCTION ENGINEERING STANDARDS
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 SPECIFI~TIONS AND PLANS
The' KDOT may,.by written notice and without
invalidating this Agreement, make changes in
the specifications., Cgnstruction 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.
OWNERSHIP OF DOCUMENTS
Upon completion or termination of this Agree-
ment 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 f6r 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.
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(2)
Ail documents prepared by,Consultant pursuant
to this Agreement are instruments of service
in respect of the project. They are not
intended or represented to be suitable for
reuse by the Secretary or others on extensions
of the Project or 'on any other Project. Any
reuse without written verification or adapta-
tion by Consultant for the specific purpose
intended will be at the Secretary's sole risk
and without liability or legal exposure to the
Consultant; and Secretary shall indemnify and
hold harmless Consultant from all claims,
'damages, losses and expenses including attor-
ney's fees arising out of or resulting there-
from. Any such verification or adaptation
will entitle Consultant to further compensa-
tion at rates to be agreed upon by Consultant
and Secretary.
CONTINGENT FEES
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 waraanty the
KDOT in consultation with the LPA shall have
the right to annul this Agreement without
liability.
AGREEMENT ITEMS
('1)
It is also understood .and' agreed that the
Project plans, Specifications, Special Provi-
sions, and Construction Contract Proposal, as
available, and the Agreement Estimate and-
other Special. Attachments (Index provides List
of Special Attachments and specifically
includes Nondiscriminationin Employment) are
all essential documents of this Agreement and
are hereby incorporated by reference into this
Agreement and are a part thereof.
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~CCESS TO RECORDS
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 .respec-
tive 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.
LEGAL RELATIONS
(1) The Consultant shall becomefamiliar with, and
shall at all times observe and comply with,
all applicable federal, state, and local laws,
ordinances and regulatigns.
(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.
WORKERmB COMPENSATION AND OTHER EMPLOYEES
PROVIBIONB
(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 required by State
and Federal Law for the Consultant's employees
engaged inwork authorized by this Agreement.
z. Enaons oMzssxous
(1)
The Consultant shall be responsible for the
'accuracy of the work performed by the Consul-
· tant under the Agreement, and shall promptly
make necessary revisions or corrections
resulting from their negligent acts, errors,
or omissions without additional compensation.
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(2)
The Consultant shall give immediate attention
to these revisions or corrections to prevent
or minimize delay to Contractor.
Je
(3)
The Consultant shall be responsible for any
damages incurred as a result of their errors,
omissions or negligent acts and for any losses
or costs to repair or remedy construction.
CONFLICT OF INTEREST
The Consultant warrants they haVe no public or
private interest, and shall not 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 stak-
ing or any other work that is the construction
contractor's responsibility on this project.
Ko
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.
CONTRACTUAL PROVISIONS ATTACHMENT
The provisions found in contractual Provisions
Attachment (form DA-146a), which is attached
hereto, are hereby' incorporated in this con-
tract, and made a part hereof.
Lo
HOLD H~ESS 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, mis-
takes 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 subcontrac-
tors which-may result from negligent acts,
errors, mistakes or omissions from the LPA's
operation in connection with the services to
be performed hereunder.
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M. CERTIFICATE OF COMPLIANCE WITH. K.B.A. 46-239(c)
(1) The Consultant agrees to certify that it is in
compliance with K.S.A. 46-239(c) by signing
the Certificate of Compliance Special Attach-
ment 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:
City/County Engineer
Mayor/Chairperson of Board
of County Commissioners
ATTEST: Member
City/County Clerk
Member
ATTEST;
BY:
Name
Rhonda L. palmquist
TITLE: Administrative Assistant
Bucher, Willis & Ratliff Corporation
Consultant
Name
William D. Strait, AICP
Principal, Executive Vice President
SECRETARY OF TRANSPORTATION
BY:
W. M. Lackey,P.E.
Assistant Secretary and
State Transportation Engineer
15 -
e
5.
6.
7.
INDEX OF ATTACHMENTS
Special Attachment No. 1
Special Attachment No. 2
Special Attachment No. 3
· Specific COnstruction Provisions
Certification
Civil Rights Act of 1964-
Rehabihtation Act of 1973
Americans With Disabilities Act of 1990
Age Discr/mination Act of 1975
Executive Order 12898 of 1994
Special Attachment No. 4
Special Attachment No. 5
Spedal Attachment No. 6
Special Attachment No. 7
Contractual Provisions Attachment
I J.qting of KDOT Certified Inspectors
Estimate of Engineering' Fee
Certificate of Corn >lianee with
ICS.A. 46-239(c)
Sheet 1 of 6
SPECIAL ATTACHMENT NO.
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 appropri- -
ate 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 Agree~.ent.
(5) Perform the consultant's field'operations in accor-
dance 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 transporta-
tion, supplies, materials and incidentals as are
needed to accomplish the services required under
the Agreement.
(S) 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.
Sheet 2 of 6
Inspect all phases of Construction operations to
determine the Contractor's compliance with Contract
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 certifi-
cates of compliance for materials tested off the
Project site and required, prior to the incorpora-
tion in the work, have been received.
Keep such daily diaries, logs and records as are
needed for a ~omplete 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
applic'able to the Project, which may include:
Progress Reports
Weekly statement of working days
Notice of change in construction status
Report of field.inspectiOn of material
Test report record
Contractor pay estimates
Pile driving data
Piling record
Final certification of materials
Explanation of quantity variation
Statement of time
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:
ae
Requests for partial and final payment
.Other reports and records as required by the
individual Project
.(9)
sheet 3 of 6
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, properly.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 shoul~ contain such items as
the following:
ae
Earthwork and Culverts
'1, A revised list of.bench marks
Location of government.'bench marks
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 structure added or deleted
9, Any change' of access control
be
Bridges
1.. Changes in stationing
2. Changes in type, size or elevation of
footings
3. Changes in grade line
Sheet 4 of 6
E. SERVICES TO BE PROVIDED BY THE SECRETARY
(1) The Secretary agrees, to:
Se
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.
provide for the Use of the Consultant a suffi-
cient supply of the blank diaries, logs,
recordkeeping books and reporting forms con-
sidered 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. --
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 construc-
tion work.
Perform or provide fo~ laboratory testing of
materials 'requiring off-site testing facili-
ties, and obtain test reports or certifcates
of compliance thereof.
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 connec-
tions, 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 Provi-
sions of the Agreement.
Provide, through the Field Engineer and the
District staff, such assistance~ and guidance
to the Consultant as may be reasonably neces-
sary to perform and complete the Agreement in
conformance with standard construction engi-
neering practices of the KDOT.
(2)
The Secretary' reserves the right to assign and
charge to the Project such KDOT personnel as may be
needed.
II.
PROSECUTION ~D PROGRESS
Sheet 5 of 6
It is anticipated that the services to be performed
under the construction Contract will start in 1999~ and
be completed by 2000.~
Be
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 Consul-
tant's Project Engineer/Project Manager or Chief
Inspector until proper documentation is submitted and
accepted.
III. B~IS OF PAYMENT
Ae
Be
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 $59,008.56.' The acutal 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 $529,258..55. -'
Compensation 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
payments .may not be requested by the Consultant at
intervals of more than one per calendar month.. Prog
tess 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
agreement(s).
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, as
built 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.
IV.
De
Sheet 6 of 6
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 the LPA's estimated share of the
Construction Engineering cost.
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 progided
for payment under State law. _
MISCELLANEOUS PROVISIONS
A. AUTHORIZED REPRESENTATIVES'
(1)
The Field Engineer for the KDOT will be Mr.. Randy
West .whose work address is P.O. Box 147,
EllsWorth, Kansas 67439 and work telephone is
785-472-4447.
(2)
(3)
The Project Engineer/Project Manager for the
Consultant will be Mr. Kenzil Ly~n, Bucher, Willis
& Ratliff Corporation, Certification Number 834
(expiration date is April 17, 2000), whose work
address-is. 609 W. North St., Salina, Kansas,
67401 and work telephone'is 785-827-3603.
The Chief Inspector for the consultant will be Mr.
Clinton' Suhr, Bucher, Willis & Ratliff
Corporation, Certification Number 1013 (expiration
date is 'March 31, 1999), whose work address is 609
W. North St., 'Salina, Kansas, 67401 and work
'telephone is 785-827-3603.
(4)
The contact person for the LPA will be Mr. Shawn
O'Leary, Salina City. Engineer whose work address
is 300 West Ash Street, Salina, Kansas 67402 and
work telephone is 785-826-7290.
Bo
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 609 W. North St.,
Salina, Kansas 67401, for a period of three (3)
years following final Agreement payment.
Project No.
85 U-1643-01
Special Attachment No. 2
CERTIFICATION
Sheet 1 of 2
CERTIFICATION OF CONSULTANT
I hereby certify that I am the?r±nc±pal/Exec. V±ce Pres±dentand duly authorized
Bucher, Willis & Ratliff
representative of thc firm of Corporation , whose address is
609 W. North Street, Salina, KS 67401
and that neither I nor the abOve firm I
here represent has:
(a)
Co)
(c)
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
~ contract,
agreed, as an express or implied condition for obtaining this contract, to
employ or re~i~ the set-vices of any firm or person in connection with carrying
out the contract, or
d, or agreed to p.ay., to any firm, organization of persons(other than a bona
e employee working solely for me or the above consultant) any fee,
contrib, ution, dona..tion, or consideration of any kind for, or in connection with.,
procunng or-carrying out the contract;
except as here expressly stated (if any):
I acknowledge that th.is certificate is to be furnished to ~he SeCretary of the Kansas
Department of Transportation in connection with this contract and is subject to applicable
State and Federal laws, both crimh~.' and civil.
(Date) 3-25-99 (Sigl~tUr~illiam D. S rait, AICP
CERTIFICATION OF THE STATE TRANSPORTATION ENGINEER
I hereby certify that I am the state Transportation Engineer of the State of Kamas
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 camfing out
this Agreement to
(b) pay, or agree to pay, to any firm, person, or organization, any fee, contribution,
donation, or consideration of any kind;
except as here eK~pressly stated (ff 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.
(Date)
11-20-89
W. M. Lackey, P.E.
State Transportation Engineer
City/County
Special Attachment No. ~2
Sheet 2 of 2
CERTIFICATION OF LPA (CITY OR COUNTY)
We hereby certify that we are the above-noted LPA's Appropriate Local OffiCials
authorized to slgn for the City/County and that the COnsultant noted in Sheet 1 of this
Special Attachment or his representative has not been required, directly or indireCtly, as an
expressed 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 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)
Mayor/Chairperson of Board of
County Commi.~sioners
Member
Member
Sheet I of 2
Special Attachment No. 3
KANSAS DEPARTMENT OF TRANSPORTATION
Special Attachment
To Contracts or Agreements Entered Into
By the Secretary of Transportation of the State of Kansas
NOTE:
Whenever this Special Attachment conflicts with provisions of the Document
to which it is attached, this Special Attachment shah 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 DISCRIMINATION ACT OF 1975 and any amendments thereto
EX~ECUTIVE ORDER 12898, Federal Actions To Address Environmental Justice in
Minority and Low Income Populations (1994) and any amendments thereto
NOTIFICATION
The Secretary of Transportation for the State of Kansas, in accordance with theprovisions
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. 355) and the Americans with Disabilities Act of 1990
(42 USC 12101), the Age Discrlmlnat!o.n A. ct of 1975 (42 USC 6101), the regulations
of the U.S. Department of Transportation ~ss.ued pursuant to such Act, and Executive
Order 12898, Federal Actions to Address Environmental Justice.in Minority Populations
and Low Income Populations (1994), 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
ori 'gin, or minority populations and low income populations as more specifically set out in
the following nine 'Nondiscrimination Clauses~. '
CLARIFICATION
Where the term 'consultant" appeam in the fOllowi~..g nine "Nondiscrimination Clauses", the
term 'consultant" is understoodto 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's"), 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 Feder~ Regulations, Parts 21, 23 and 27, hereinafter referred to as
the Regulations), which are herein incorporated by reference and made a part
of this contract. ..
(2)
Nondiscrimination: The Consultant, with regard to the work performed by the
consultant after award and. prior to the ce.re, pletion of the contract work, will
not discriminate on the grounds of race, religion, color, gender, age, disabil!ty,
or national origin in the selection and retention of sub~.ontractors, including
procurements of materials and leases of equipment. The consultant will not
participate either directly or indirectly in the discrimination prohibited .by
Section 21.5 of the Regulations, including employment practmes when the
contract covers a program set forth in Appendix. B of the Regulations.
(Revised 9-19-95)
Sheet 2 of 2
(3)
(4)
(5)
(6)
(7)
Special AttaChment No. 3
Solicitations for Subcontractors, Includin~g Procurements of Materials 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, dis-
ability, or national origin.
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 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 pos-
session 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.
Employment: The consultant will not discriminate against any employ, ee or
applicant for employment because of race, religion, color, gender, age, dj/ability, or
national origin.
Sanctions for Noncompliance: In the event of the consultant's noncompliance with
the nondiscr~m!nafion provisions of this contract, the Secretary of Transportation of
the State of Kansas shall impose such contract sanctions as.the Secretary of Transp, or-
tafion of the State of Kansas may determine to be appropriate, including, but n0t lim-
ited 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.
Disadvantaged Business Obligation .'
(a) Disadvantaged 'Businesses as defined in the Regulations, shall have the
maximum opportunity to participate rathe performance of contracts financed
· in whole or ia part with Federal funds under this c.o. ntraet. ·
(b) All necessary and reasonable steps shall be taken m accordance with the Regu-
lations to ensure that Disadvantaged Businesses have the maximum
'.. opportunity to compete for and perform contracts. No person(s) shall be
. discriminated a~ainst on the basis of race, religion, color, gender, age, disability
or national origin in the award and performance of Federally-assisted
contracts.
(8)
(9)
Executive Order 12898
(a) To the extent permitted by existing law, and wheneVer practical and appropri-
ate, 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 the
plarming and environmental Process.
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
~ssued pursuant thereto. The consultant will take such action with respect to any sub-
contract or procurement as the Secretary of Transportation of the State of Kansas
may direCt as a means of enforcing such provisions including sanctions for noncom-
plianee: Provided, 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 direc-
tion, the consultant may request the State to enter such litigation to protect the inter-
ests of the State. (Revised 9-19-95)
Kansas
De~ o~ Adnnini~ratio~
Oi~ e4 Ac,counts and Reports
DA.146a (Rev. 9-9:~)
SPECIAL AT'FACHMENT NO. 4
Agency No.~ Contract No.
CONTRACTUAL PROVISIONS ATTACHMENT
Important:
This form contains mandatory contract provisions and must be attached to or incorporated in all copies of any
contractual agreement. If it is attached to the vendor/contractor's standard contract form, then that form must be altered
to contain the following provision:
'The provisions found in Contractual Provisions Attachment (form DA-146a), which is attached hereto, are hereby
incorporated Ln this contract and made a part hereof'.
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 ,19
1. TERMS HEREIN CONTROLLING PROVISIONS
It is expressly agreed that the terms of each and every provision in this attachment shaU 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
It, in the judgment of the Director of Accounts and Reports, Department of Administration. sufficient funds are not appropriated to continue the
~unction pet{ormed in this agreement and for the payment of the charges hereunder, State may terminate this agreement at the end of its current
risc. al year. State agrees to give written notice of termination to contractor at least 30 days prior to the end of its current fiscal year, and shall give
such notice ~or a greater period prior to the end of such fiscal year as may be provided in this contract, except that such notice shaU not be
required prior to ~0 days before the end of such Kscal year. Contractor shaU have the right, at the end of such fiscal year, to take possession 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 conlractual charges incidental to the return of any such equipment. Upon terminalion of the agreement by State, title to
any such equipment,shall revert to contractor at the end of State's current Kscal 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 indemnity any contractor beyond that liability incurred under the
IC, ansas Tort ('latins Act (ICS.A. 756101 et seo.).
S. ANTI-DISCRIMINATION CLAUSE
The contractor agrees: (a) to comply with the Kan.nas Act Against Discrimination (ICS.A. 44-1001 et se~.) and the Kansas Age Discrimination in
Employment Act (K.S.A. 44-1111 et se~.) and the applicable provisions of the .A.~...?ican~.With DL. sa..bilities Act (42 U.S.C.. 12101 et ..se~.~l.! (ADA) and
~o not discriminate against any person because of race, religion, color, sex, disability, nauonal ongm or ancestry, or age m the admisston or access
to, or treatment or employment in, its programs or activities; Co) to include in all solidtations or advertisements for employees, the phrase 'equal
opportunity employer'; (¢) to comply with the r~porting requirements set out at ICS.A. 44-1031 and I~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 reporting
requirements of (c) above or t~ the contractor is found guilty of any violation of such acts by the Kan.sas Human Rights Commission, such violation
shall consUtute a breach of conlract and the contract may be canceled, terminated or suspended, in whole or in part, by the contracting state
agency or the Kansas Department of Administration; (f) it it is dete .rgfined that the contractor has violated applicable provisions of the ADA, such
violation shall constitute a breach of contract and the contract may be canceled, 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 during 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 agency 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. 756403), and no provision will
be given effect which attempts to exclude, modify, disclaLm or otherwise attempt to limit implied warranties of merchantability and fitness for
a particular purpose.
8. REPRESENTATIVE'S AUTHORI2~ TO CONTRACT
By signing this document, the representative of the contractor thereby represents that such person is duly authorized by the contractor to execute
this document on behalf of the contractor and that the contractor 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 property to which this contract relates,
nor shall thl~ contract require the State to establish a 'self-insurance' fund to protect against any such loss or damage. Subject to the provisions
of the Kansas Tort Claims Act (ICS.A. 75-6101 et secl.), 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
Special Attachment No. 5
Name
KDOT LPA Certified Construction Inspectors
Number Level
Lyle F. Anderes
Dana M. Augustine, PE
Thomas P. Ballard
Kenneth R. Bieker
Marcel J. Braun
Paul B. Brungardt, PE
Darvin A. Carlson, PE
John T. Casey
Larry P. Cleaver
Stanley A. Cook, PE
David L. Cranston
Jeffrey D. Crist, PE
Troy A. Culver, E1T
Eric L. Cyphers, LSIT
Roy E. Davied
James L. Doering
Richard C. Glover
Stephanie A. Goldsberry, EIT
Fred H. Gray, CET
Mark A. Harteghn, Err
Steven K. Hileman, PE
David E. Johnson, PE
Mark L. Johnston, PE
Daniel J. Kemp
Glenn D. Knak, PE
Jay R. Koester, Err
Keith D. Lassman
Roger L Lohrmeyer
Kenzil K. Lynn, PE
Donna J. Mader, PE
Kirk A. McDowell
Timothy W. McDowell
Glenn M. Newell
Ronald W. Pearce, PE
Andrew J. Peppiatt
Gerald A. Pfeifer, PE
August P. Robben
Douglas L. Roeder
Kirk A. Rome, rE
Alan J. Ross, rE
Harvey Ruder, PE RLS
Frank C. Sanders
Ronald W. Schmutz
Russell C. Simmons
Wayne E. Staudenmaier
Clinton A. Suhr, CET
Stephen L. Trowbridge
Larry E. Wagner
Alan L. Wahrman
Keith L. Wetter, PE
John D. Youll, PE
695
427
1416
696
780
1059
187
1278
908
346
1123
1213
1486
1014
1124
966
1277
1209
1125
1548
188
967
972
771
442
1210
1308
376
834
762
973
857
368
1391
904
189
615
1276
1267
90
1232
659
1315
1353
1013
1390
1485
1008
664
190
fi_AC
IIAC
ILAC
ILAC
RAC
HAC
ffAC
fi_AC
maC
IIAC
B_AC
ffAC
B_AC
ILAC
ffAC
B_AC
IIAC
RAC
ffAC
fi/kC
ffAC
ffAC
mAC
ILAC
ILAC
RAC
fi-AC
ffAC
HAC
ffAC
BAC
B_AC
0evel ~C pending)
l/AC
HAC
ILAC
I
I/AC
I/AC
l/AC
IIAC
I/AC
II_AC
I/AC
IIAC
ILAC
/lAC
IlAC
IIAC
]]AC
IIAC
6~8~98
Date
05-10-99"
01-12-2001 ~
03-12-2000 ~
03-31-99 -
03-26-2000 ~
03-04-2000-'
04-15-2000 '-
03-05-99 ~
03-09-2001 '
04-15-2000 -'
03-16-2000'-
03-14-2001 -
06-13-2000'
03-31-99 --
03-16-2000 -
03-04-99 -
03-05-99 -
03-14-2001 -
03-16-2000 -'
02-27-2001 --
04-15-2000 -
03-04-99 -
03-14-99
04-11-2000-
11-30-2000 -
03-14-2001 -
03-06-99 -,
02-28-99 -
04-17-2000 ~
04-11-2000"
03-14-99 -
01-12-2001 -
05-02-99 --
03-12-2000
04 24-98 ~
04-15-2000
02-28-99 -
03-05-99 -
02-26-99 -
04-16-99 -
05-15-2001
05-10-99
03-16-99 -
05-16-99 '~
03-31-99 -
03-12-2000
06-13-2000
03-21-99 -
03-31-99 -
03-04-2000
SPECIAL ATTACHMENT NO. 6
Exhibit A
A. Direct Payroll
Contra~t Administration
Work Type
1. Field Inspection
daily contract
documents
Subtotal
2. On-site Testing
Subtotal
3. Surve~g
Subtotal
4. F'mal Paper
Preparation
Subtotal
Total Direct Payroll
Costs
Supporting Data Sheet
for
ESTIMATE OF ENGINEERING FEE
Est. Avg.
Employee Hrs. Sal. ·
(a) Eng(s)&/or Mang. 450 @ $33.00
Co)Techn(s) 3310 @ 17.00
(c)Clerical 150 @ 12.00
(a) Eng(s)&/or Maag. 30 @ 33.00 =
Co)Techn(s) 3400 @ 17.00 =
(a) Eng(s)&/or Mang. 50 @ 33.00 ---
(b)Techn(s) 1900 @ 17.00 =
(a) Eng(s)&/or Mang. 40 @ 33.00 =
(b)Techn(s) 240 @ 17.00 =
(c)Clcrical 40 .@ 12.00 =
Proj. No. 85 U-1643-01
SaUna/Saline County
Sheet 1 of 2
Extension
$14,850.00
56270.00
1800.00
$72,920.00
990.00
57800.00
$58,790.00
1650.00 -
32300.00
$33,950.O0
1320.00
4080.00
480.00
S5.880.00
$171.540.00
(a) Eng(s)&/or Mang.
(b)Tecan(s)
(c) Ci ca
Total Direct Payroll
Costs
Summary Total Direct Payroll Costs
Hgur$- Rate
= 570 @ $33.00
= 8850 @ 17.00
= 190 @ '12.00
Extension
= $18,810.00
= 150450.00
= 2280.00
$171,540.00
SPECIAL ATTACHMENT NO. 6
Exhibit A
B. Salary related and General Overhead (164.61%)
C. Total Payroll plus Overhead (A.+B.)
D. Net Fee
Proj. No. 85 U-1643-01
Salina/Saliae County
Sheet 2 of 2
= 282371.99
= 453911.994
= 59008.56
E. Total Direct Payroll, Overhead and Net Fee
F. Direct Expenses:
Laptop Computer (hours)-
Meals (each)
Motel (ni~0
Car (miles)
Truck (miles)
Testi~.g Equipment Reatal (day)
Misc. TeStiag, SUpplies and Tools
Total 'O/ti~'Di~ectiF,xpenses
TOTAL COSTS PLUS NET 'FEE
3000
1020
0
800
20000
0
0.50 =
7.00 =
35.00 =
0.31 --
0.35 =
50.00 =
1500.00
7140.00
0.00
248.00
7000.OO
0.00
450.00
= $512,920.55
= $16.338.00
= $529,258.55
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 legisla-
tor 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 % legislator or a firm
in which a legislator is a member.
is -
Business Telephone
Address (Street, City, State, Zip Code)
That legislator
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: 3-25-99
William D. Strait, AICP
Project No. 85 u-1643-01
City/County: Salina/Saline