Agr Federal Aid Construction
~f~~
CONTRACT FOR
FEDERAL-AID CONSTRUCTION
ENGINEERING INSPECTION BY CONSULTANT
(COST PLUS NET FEE CE AGREEMENT)
PROJECT NO. 85 U-1851-01
CITY OF SALINA
SALINE COUNTY
THIS AGREEMENT entered into this ~ day of re.brUD. r \A , 20~, by and
between City of Salina, hereinafter referred to as the "LP~ Authority), as
principal, and the consulting engineering firm of Olsson Associates, 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 LP A pursuant to authority vested in K.S.A. 68-402b and K.S.A.
68-401 el seq. and an agreement between them dated August 25,2003. The Consultant's address
is 8301 State Line Road, Suite 101, Kansas City, Missouri 64114.
CMS Contract No. 0/704 liDO
WITNESSETH:
WHEREAS, the FEDERAL GOVERNMENT through its Depmiment of Transportation
and the FHW A, 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 LP A desires to accomplish this Federal-Aid "Project," consisting of 0.1
kilometers of Grading, Bridge and Surfacing, located on Lakewood Drive over the Old Smoky
Hill River, 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 LP A has not sufficient qualified engineering employees to accomplish
the Construction Engineering Services on this Project within a reasonable time and the LP A
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 June 22, 2001
Page 1 of 14
'WHEREAS, the Consultant has indicated that it desires to perform the services set forth
in this 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 LP A, 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 Jorce and effect in providing the benefits hereinbefore mentioned, the parties
hereto mutually agree as follows:
I.
SCOPE OF SERVICES
A.
(4)
(5)
(6)
(7)
DEFINITIONS
(1)
The term "LP A" shall mean the City and its authorized employees.
(2)
The term "KDOT" 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.
The term "FHW A" shall mean the Federal Highway Administration and
its authorized representatives.
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.
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.
The term "Construction Contract Proposal" shall mean the offer of the
bidder or contractor on the Project, on the prescribed form, to perform the
work and to furnish the labor and materials at the prices quoted.
Page 2 of 14
B.
(8)
The term "Special Provisions" shall mean the directions or requirements
peculiar to a project and not otherwise thoroughly or satisfactorily
included in the Specifìcations, 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.
(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 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.
GENERAL RESPONSIBILITIES AND DUTIES
(1)
(2)
(3)
(4)
(5)
(6)
The Consultant shall perform engineering services l1ecessary and
incidental to the accol11plishment of the Project to the satisfaction of
KDOT, and as more fully detailed in Special Attac1mlent - Specific
Construction Provisions.
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.
The services performed under this Agreement shall at all times be subject
to the review and approval of KDOT.
The Consultant and/or LP A's principal contact with the KDOT shall be
with the construction field office.
The services performed under this Agreement shall comply with all
applicable federal and state laws and regulations.
The FHW A shall have the right to pmiicipate in all conferences and
reVIews.
Page 3 of]4
E.
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 ineLgibility 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,
convicted, 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.
D.
AGENCY COORDINATION AND COOPERATION
(1)
(2)
Contact and coordination with all affected local, state and federal agencies
including the FHW A, private consultants, contractors, general public,
utilities, and railroad companies shall be the responsibility of the KDOT.
The Consultant shall cooperate fully with the KDOT, local, state and
federal agencies including the FHW A, the general public, utilities, railroad
companies, 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.
Page 5 of 14
c.
(4)
(5)
(6)
(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 Engineer."
(2)
The Field Engineer will delegate to 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 c1assifìcation 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 Specifìcations 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 Project wi]] be limited to
specific work after demonstrating satisfactory performance and obtaining
written approval by the Field Engineer.
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 Construction
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
Contractor. If in the absence of the Project Engineer/Project Manager a
Page 4 of 14
II.
PROSECUTION AND PROGRESS
A.
(3 )
(4)
(5)
(6)
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 this 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 this Agreement.
The KDOT will notify the Consultant of the location, date and time and
will make necessary arrangements for the 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, sta.ndard practices
of the KDOT, and related subjects.
The Consultant shall attend the formal Construction Conference held
between the KDOT, the Contractor and involved utilities and agencies,
unless otherwise stated elsewhere in this Agreement.
The Consultant shall have KDOT Certified Inspector(s) of the appropriate
classification on this Project or plant site at all times when work, which
requires inspection, is being performed. The inability of a Consultant to
provide appropriately certifìed inspectors for this Project may at the
Secretary's discretion, give cause for termination of this Agreement.
This Agreement shall be considered completed upon notice of written
release from KDOT therefor unless previously terminated as provided in
Section II C.
Should the KDOT deem it necessary for the Consul1:ant to render
additional services for review of contract items, conditions, claims or
litigation matters after completion of this 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
LP A and the Consultant.
Page 6 of 14
B.
c.
(2)
(3)
(4)
(7)
A Close-Out Conference may be held upon completion of this Agreement
to evaluate the performance of the Consultant. Attende.es 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 representati yes as may be
designated by each party to this Agreement. The KDOT will notify the
Consultant of the location, date and time and will :l11ake 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.
DELA YS AND EXTENSIONS
(1)
Delays caused through no fault of the Consultant 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 FHW A.
Approved time extensions may also be cause for consideration of
adjustments in payment, where warranted and approved by KDOT.
TERMINA TION 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.
The Consultant may terminate this Agreement, in the event of substantial
failure of other paliies 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 pmiies to this Agreement.
In the event this 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
this Agreement.
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 shal1 be paid:he reasonable
value of the services performed or rendered and delivered to the KDOT up
to the time of termination. The value of the services perfor:~lled, 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
submitted to a Review Committee for resolution. The Review Committee
Page 7 of 14
D.
III.
will be comprised of a maximum of two (2) representatives from each of
this Agreement parties.
(5)
In the event of the death of any member or partner of '~he Consultant's
firm, the surviving members shall complete the services, unless otherwise
mutually agreed upon by the LP A, the KDOT, and the survivors, in which
case the Consultant sha1l be paid as set forth in Section II C (2) above.
SUBLETTING OR ASSIGNMENT OF CONTRACT
(1)
The Consultant shall not sublet or assign all or any part of the services
under this Agreement without the prior written approval of the KDOT.
Consent by the KDOT to assign, sublet or otherwise dispose of any
pOliion of this Agreement shall not be construed to relieve the Consultant
of any responsibility for the fulfillment of this Agreement.
(2)
All the applicable terms of this Agreement remain in t:)fce and are a
condition to any services approved to be sublet or assigned. Specific
reference is made to Nondiscrimination and Equal Employment
Opportunity, as applicable to the subcontract.
BASIS OF PAYMENT
A.
GENERAL
(1)
(2)
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 this 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 No.1). 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 LP A with a status of
expenditures by sending the LP A a copy of each voucher that is submitted
to the KDOT for payment. The LP A copy shall be marked "For
Information Only."
The overhead rate will be submitted by the Consultant for audit within
seventy-five (75) days after the completion of the Consultant's fiscal year.
The Consultant will assemble work papers for audit at its normal place of
business. The overhead rate will be audited on a yearly basis and adjusted
at the time of the audit review. If the overhead rate increases or decreases,
Page 8 of 14
IV.
previous payments will be adjusted to insure the Consultant is reimbursed
for the actual cost for that fiscal year.
(3 )
Should this Agreement contain more than one (1) construction project, any
and all invoices and the final statement shall itemize charges by individual
projects.
(4)
Final payment of any balance due the Consultant of the ultimate gross
amount earned will be made promptly upon its verificatiol 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.
WORK ORDERS, EXTRA WORK, OR DECREASED WORK
(4)
(5)
(6)
( 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 this
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 LP A.
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 opnion, and that
extra compensation is desired, along with a copy to the LP A
Such notification shall include the justification for the claim for extra
compensation and the estimated amount of additional fee requested.
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.
Page 9 of 14
V.
MISCELLANEOUS PROVISIONS
A.
B.
c.
CONSTRUCTION ENGINEERING STANDARDS
(1)
All 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.
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 this 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
(1)
(2)
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 this 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.
All 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 adaptation by Consultant for the specific purpose
intended will be at the Secretary's sole risk and without liaJility or legal
exposure to the Consultant; and Secretary shall indemnify and hold
harmless Consultant from all claims, damages, losses and expenses,
including attorney's fees, arising out of or resulting there from. Any such
verification or adaptation will entitle Consultant to further compensation
at rates to be agreed upon by Consultant and Secretary.
Page 10 of 14
G.
D.
E.
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.
F or breach or violation of this warranty the KDOT in consultation with the
LP A 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 Provisions, and Construction Contract Proposal, as available, and
the Agreement Estimate and other Special Attachments (Index provides
List of Special Attachments and specifically includes Nol1discrimination
in Employment) are all essential documents of this Agreement and are
hereby incorporated by reference into this Agreement and are a part
thereof.
F.
ACCESS TO RECORDS
(])
(2)
(3)
The Consultant and any subcontractors to the Consultant agree to maintain
for inspection and audit by the LP A, KDOT and the FHW A all books,
documents, papers, accounting records and other evidence pertaining to all
costs incuned under this Agreement and to make such materials available
at their respective ofÌÌces at all reasonable times during I:he life of this
Agreement and for three (3) years from the date of the final federal
payment to KDOT under this Agreement, and to furnish copies thereof if
requested.
If more than a nominal number of copies are requested, the additional
copies shall be furnished at the expense of the requesting agency.
The Consultant will maintain these materials at the ConsJltant's offices
noted in the Specifìc Construction Provisions (Special Attachment No.1).
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.
Page I] ofl4
K.
H.
I.
(3)
J.
(2)
The Consultant sha1l 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.
WORKER'S COMPENSATION AND OTHER EMPLOYEE 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
required by state and federal law for the Consultant's employees engaged
in work authorized by this Agreement.
ERRORS AND OMISSIONS
(1)
The Consultant shall be responsible for the accuracy of the work
performed by the Consultant under this Agreement, and shall promptly
make necessary revisions or corrections resulting from their negligent acts,
enors or omissions without additional compensation.
(2)
The Consultant shall give immediate attention to these reVISIons or
corrections to prevent or minimize delay to the Contractor.
The Consultant shall be responsible for any damages incuJTed as a result
of their errors, omissions or negligent acts and for any losses or costs to
repair or remedy construction.
CONFLICT OF INTEREST
(1)
(2)
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 maimer with the performance of the work under this Agreement.
Specifically, the Consultant is prohibited from performing contractor
construction staking or any other work that is the construction contractor's
responsibility on this Project.
The Consultant wi1l not, without written pernllSSlOn 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.
CONTRi\CTUAL PROVISIONS A TT ACHMENT
(1)
The provisions found in Contractual Provisions Attachment (form DA-
146a), (Special Attachment No.4), which is attached hereto, are hereby
incorporated in this Agreement and made a part hereof.
Page 12 of 14
L.
M.
HOLD HARMLESS CLAUSE
(1)
The Consultant hereby expressly agrees to save the Secretary, the LP A,
and the Secretary's and the LP A's authorized representatives harmless
from any and all costs, liabilities, expenses, suits, judgements and
damages to persons or property caused by the Consultant, its agents,
employees or subcontractors which may result from negligent acts, errors,
mistakes or omissions from the Consultant's operation in cOlmection with
the services to be performed hereunder.
(2)
The LP A hereby expressly agrees to save the Secretary and the Secretary's
authorized representatives harmless fì'om any and all costs, liabilities,
expenses, suits, judgments and damages to persons or propeliy caused by
the LP A, its agents, employees or subcontractors which may result from
negligent acts, errors, mistakes or omissions from the LP A's operation in
connection with the services to be performed hereunder.
CERTIFICATE OF COMPLIANCE WITH K.S.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 Attachment No.
7), which is hereby made a part of this Agreement.
Page130f14
IN WITNESS WHEREOF: The parties hereto have caused this Agreement to be signed
by their duly authorized officers. It is fUliher 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:
APPROPRIA TE LOCAL OFFICIAL:
~C)1
" 'd---
City of sali~~Engineer
I
ATTEST:
~
City of Salina Clerk
ATTEST:
BY
~il ~L.('~~'
Name c.'uß..7 N. l~ld'(?cJ2..
/>; /¿;"S"c',"vl ",/J.<c,. (' 4' -~-,="é'
L- LJ. ,," ,1":>,>,-- ,,/' /L"~
Consultant
TITLE: ¡)'2£;: )~¿7 /ÎJ;.Æi¡f6E:;C..
/
",,--; .--,
,/ ,/
C t; étJ1 ,~
Name 1/-11/) Co,2 ("<..;/2,4,,/\../
.. .J:.., ..
Debra L. Miller
Secretary of Transportation
/t1 of' :::::,'<.';>/
I'
r4Flj.."c':,J'~<'; ," ;',"
~ ~' '. . ..., .," '.
~I.-O"~' ..:
~~:- . ,-c:)~r,
-¡,;-~- .,..
,t!Ff;.Ü .f.}.Ç.I.,'," ;,:'
.,~:.:::~~".",,:
BY: Lv tùA-- ~ \tl~
Warren L. Sick, P. E.
Assistant Secretary and
State Transportation Engineer
Page 14 of] 4
Project No. 85 U-1851-0 1
Saline County
Index of Attaclill1ents
Sheet 1 of 1
INDEX OF ATTACHMENTS
Special Attachment No.1
Specific Construction Provisions
Special Attachment No.2
Certification
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
Special Attaclill1ent No.4
Contractual Provisions Attachment
Special Attachment No.5
Listing of KDOT Celiified Inspectors
Special Attaclmlent No.6
Estimate of Engineering Fee
Special Attachment No.7
Certificate of Compliance with K.S.A. 46-239(c)
Project No. 85 U-1851-01
Saline County
Special Attachment No.1
Sheet 1 of 6
SPECIFIC CONSTRUCTION PROVISIONS
I.
SCOPE OF SERVICES
A.
(2)
(3)
(4)
(5)
(6)
(7)
(8)
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 this Agreement.
Designate a Project Engineer/Project Manager who shalJ meet KDOT's
certification policy and report and transmit Project activity and documents
to KDOT's Construction Office.
Assign KDOT Certified Inspector(s) of the appropriate cJ.assifications to
the Project to perform the services required under this Agreement in a
timely manner to avoid delay to the Contractor.
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 this
Agreement.
Perform the Consultant's field operations in accordance with accepted
safety practices.
Furnish all equipment required to accomplish the Consultant's services and
to check or test it prior to use on the Project.
Provide for Consultant personnel such transportation, supplies, materials
and incidentals as are needed to accomplish the services required under
this Agreement.
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.
Project No. 85 U-1851-0 1
Saline County
J.
k.
1.
Special Attachment No.1
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's 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 celiificates 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.
b.
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
c.
d.
e.
f.
g.
h.
1.
Review, or assist in reviewing, all Contractor submittals of records and
repOlis required by the KDOT, as applicable to the Project, which may
include:
Project No. 85 U-185l-01
Saline County
(9)
(10)
(11 )
(12)
(13)
(14)
Special Attachment No.1
Sheet 3 of 6
a.
b.
Requests for partial and final payment
Other reports and records as required by the individual Project
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.
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 this Agreement, upon
completion or termination of this Agreement.
Return, upon completion or termination of this 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.
Prepare and submit a certification of Project completion.
Prepare and submit a final payment voucher for services rendered by the
Consultant.
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 Culvelis
1. A revised list of benchmarks
2. Location of government benchmarks
3. Major changes in alignn1ent
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.
2.
Changes in stationing
Changes in type, size or elevation of footings
Changes in grade line
'"'
.J.
Project No. 85 U-]851-01
Saline County
Special Attachment No.1
Sheet 4 of 6
B. SERVICES TO BE PROVIDED BY THE SECRETARY
(1)
g.
(2)
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 requmng
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.
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 this Agreement in conformance
with standard construction engineering practices of the KDOT.
The Secretary reserves the right to assign and charge to the Project such
KDOT personnel as may be needed.
Project No. 85 U-1851-0l
Saline County
II.
III.
c.
D.
Special Attachment No.1
Sheet 5 of 6
PROSECUTION AND PROGRESS
A.
It is anticipated that the services to be performed under the construction contract
will start in 2004, and be completed by 2004.
B.
The Consultant shall complete all services to be rendered under this Agreement
no later than two months after completion of Project construcÜon. 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.
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 $1,235.30. 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 c.F.R. pt. 31 el seq. The upper
limit of compensation for services detailed in this Agreement shall be $77,360.95.
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. The Consultant may not request
partial payments at 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).
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 the
KDOT field office obtains all deliverables (field books, CMS disks, as-built plans,
etc.) 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
this agreement has been audited by KDOT.
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 LP A has submitted to KDOT the esti mated LP A's
Project No. 85 U-185] -0 1
Saline County
E.
IV.
Special Attachment No.1
Sheet 6 of 6
share of the Project cost and the LP A's estimated share of the Construction
Engineering cost.
If the Agreement's upper limit of compensation exceeds the amount approved by
the FHW A, 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 LP A
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 FHW A's approved amount unless provisions are provided for payment under
state law.
MISCELLANEOUS PROVISIONS
A.
(3)
(4)
A UTH 0 RIZED REPRESENT A TIVES
(1)
The Field Engineer for the KDOT will be Mr. Steve Schlagel, whose work
address is 202 West 15th, EllswOlih, Kansas 67439 and work telephone is
785-472-4447.
(2)
The Project EngineerlProject Manager for the Consultant will be Mr. Curt
H. Mader, Certification Number 429 (expiration date is 3-13-2007), whose
work address is 8301 State Line Road, Suite 101, Kansas City, MO. 64114
and work telephone is 816-361-1177.
The Chief Inspector for the Consultant will be Mr. Dave Sheets,
Certification Number 1046 (expiration date is 12-14-2006), whose work
address is 2319 North Jackson, Junction City, Kansas 66441 and work
telephone is 785-762-5040.
The contact person for the LP A will be Mr. Bradley Johnson whose work
address is 300 West Ash Street, Salina, Kansas 67402 and work telephone
is 785-309-5725.
B. ACCESS TO RECORDS
(1)
All 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 8301 State Line Road, Suite 1 01,
Kansas City, Missouri 64114, for a period of three (3) years following
final Agreement payment.
Project No. 85 U-1851-0 1
Saline County
Special Attachments No.2
Sheet 1 of 2
CERTIFICA TION
CERTIFICATION OF CONSULTANT
/ /'-)
I hereby celiify that I am the ~ I LG - /-;;;!£: ~;/ Dc7f..JT and duly authorized representative of the firm
of ()L:J 5<: /J /.1=> SeC! /lic- c::., , whose address is E~::Jc { :>¡')/7É-- ¿Á->'l- J':1;1¡) , ::11--/.:_, I,
)::;4/..,/s/f";>
(a)
-1
{/-;-(j
/
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 agreement,
agreed, as an express or implied condition for obtaining this agreement, to employ or retain the
services of any firm or person in connection with carrying out this agreement, or
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 co1111ection with, procuring or carrying OLlt this agreement;
, 11/Jc\
, {,'¡ /I 4
and that neither I nor the above firm I here represent has:
(b)
(c)
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 co1111ection with this agreement and is subject to applicable state and federal laws, both criminal
and civil.
(D",) /2& /0'( (S¡g(,)?
é~ ~r ,/~
. ,
CERTIFICATION OF THE STATE TRANSPORTATION ENGINEER
I hereby certify that I am the State TranspOliation 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
cOlmection with obtaining or carrying out this Agreement to
(a)
(b)
employ or retain, or agree to employ or retain, any firm or person, or
pay, or agree to pay, to any finn, 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 crimina] and civil.
é!-þ(p/Il t,?
(Date)
Revised 4-25-2000
Debra L. Miller
Secretary of Transportation
By: Ú ) o.A.A.-.
Warren L. Sick, P.E,
Assistant Secretary and
State Transportation Engineer
,z:
~
Project No. 85 U-1851-01
Saline County
Special Attachments No.2
Sheet 2 of 2
CERTIFICATION OF CITY OF SALINA
We hereby certifY that we are the above-noted City's Appropriate Local Officials authorized to sign for the
City and the Consultant noted in Sheet I of this Special Attachment or his representative has not been required,
direct]y 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.
c9/CJ/M
(Date)
Revised 4-25-2000
Project No. 85 U-1851-01
Special Attachment No.3
Sheet 1 of 3
KANSAS DEPARTMENT OF TRANSPORT A TION
Special Attachment
To Contracts or Agreements Entered Into
By the Secretary of Transpoliation of the State of Kansas
NOTE: Whenever this Special Attachment conflicts with provisions of the Document to which it
is attached, 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 DISCRIMINATION ACT OF 1975, and any amendments thereto,
EXECUTIVE ORDER 12898, FEDERAL ACTIONS TO ADDRESS ENVIRONMENTAL
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
NOTIFICA TION
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
TranspOliation (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 seven "Nondiscrimination Clauses".
CLARIFICA TION
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 TranspOliation 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-
(Revised 07-29-1999)
Project No. 85 U-1851-0 1
(5)
(6)
Special Attachment No.3
Sheet 2 of 3
assisted programs of the U. S. Department of Transportation (Title 49, Code of
Federal 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 completion of the contract work, will not
discriminate on the grounds of race, religion, color, gender, age, disability,
national origin or minority populations and low income populations in the
selection and retention of subcontractors, 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 practices when the contract covers a program set forth 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 subcomract including
procurements of materials and 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 fOlih what efforts it has made to obtain the information.
Employment: The consultant will not discriminate against any employee or
applicant for employment because of race, religion, color, gender, age, disability,
or national origin.
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,
(Revised 07-29-1999)
Project No. 85 U-1851-01 ,
(7)
(c)
(8)
Special Attachment No.3
Sheet 3 of 3
(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 a level
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 in accordance with the
Regulations 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.
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 caITY out these requirements is a
material breach of this contract, which may result in the tem1ination of this
contract or such other remedy, as the recipient deems appropriate.
Executive Order 12898
(a)
(9)
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 of the state of Kansas and use such information in
complying with this Order.
Incorporation of Provisions: The consultant will include the provIsIOns of
paragraphs (1) through (8) in every subcontract, including procurements of
materials and 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 TranspOliation of the State of
Kansas may direct as a means of enforcing such provisions including sanctions
for noncompliance: 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 direction, the consultant may request the State to enter
into such litigation to protect the interests of the State.
(Revised 07-29-1999)
State of Kansas
Department of Administration
DA-146a (Rev, 1-01)
Special Attachment No.4
Sheet 1 of 1
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, Rev. 1-01), which is attached hereto, are
hereby incorporated in this contract and made a part thereof."
1.
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 , 20_,
Terms Herein Controllinq Provisions: It is expressly agreed that the terms of each and every provision ir 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.
AQreement 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 FundinQ 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 written notice of
termination to contractor at least 30 days prior to the end of its current fiscal year, and shall give such notice for a greater period prior
to the end of such fiscal year as may be provided in this contract, except that such notice shall not be required prior to 90 days before
the end of such fiscal year, Contractor shall 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 thl'Ough the end of such
fiscal year, plus contractual charges incidental to the return of any such equipment. Upon termination of the 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,
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 (KSA 75-6101 ~ ~),
4.
5
Anti-Discrimination Clause: The contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K,SA, 44-1001 ~
~) and the Kansas Age Discrimination in Employment Act (KSA 44-1111 ~~) and the applicable provisions of the Americans
With Disabilities Act (42 U.S,C. 121 01 ~~) (ADA) and to not discriminate against 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 pl'Ograms or activities;
(b) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer"; (c) to comply with the
reporting requirements set out at K,SA 44-1031 and K,SA 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 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 agency or 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 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, Damaqes. 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,SA 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 particular purpose,
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 contractor agrees to be
bound by the provisions thereof.
8.
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 this contract require the State to establish a "self-insurance" fund to prote:t against any such
loss of damage, Subject to the provisions of the Kansas Tort Claims Act (KSA 75-61 01 ~ ~), 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 g!~.
12. The Eleventh Amendment: "The Eleventh Amendment is an inherent and incumbent protection with the State of Kansas and need
not be reserved, but prudence requires the State to reiterate that nothing related to this contract shall be deemed a waiver of the
Eleventh Amendment."
Special Attachment No.5
I Vpdated: 02-1an-04 07:58 AM I
Listing ofInspection Staff for: Olsson Associates
The following list of personnel are available to perfonn the work on Project 85 V-I S51-01 when required,
Certification and Expiration Dates
INSPECTION TESTING
c;;T. ACI ACI ACI ACI QClQA QClQA
Name No. ßI API CPI STR IMSA II AC AGF AGL AMF CF CS PO SF SD SOF SOL NUC ASPHALT CONCRETE
, , ,' C"',,' ,'" ",' "",,'c'" "Hc' ~~ 'C', ".,r"
Green, Travis 2096 2/23/2Ö06 2/2M2006 2/23/2006 2/23/2006 .' 10/9/2004 ,',.. c',,'c, ,,', ,"i¡-" i, ,/ cc,L<,cc I",",'
Herrick, Rob 2491 9/1812007
Mader, Curt 429 3/13/2007 3113/2007 3/13/2007 3113/2007 3/4/2005 4/26/2007 ######## I2/I8/2007
OMp<, Rnhhv,r,,' '¡', '," 250I """, "r' ",""c ,~,'cc ," ""',"c r' 4I25/2Ö08 " C" "", " ."",.,'"c".''c",'.'" ..,"'" ""'c"','..'..,,',."""" ",}r .c":'" ,""'r' '"
c'.,> " " ,",
Gail Lard 1686 12/7/2006 12/7/2006 12/7/2006 I2/7/2006 10/16/04
.: """c ' rt c"'."i ,,' i" '.,> "F/',c , ' " "."", ',' ""'crr ). '" '.' " 'c'.X."c.' ,'" ,,'
Helms, Bryce 2618 c',', "'C, 12/5/2005 ... ,','" r, ,,"",
Kowalski, Daniel 2619 12/05/05
, "r' "" "" ,cc""c 'c'".,"',,'.,:, ,,",'.,> ", 'c' ,) ,~~. r... '.'," "r"',, " ~ crc'c
Bro"'11, Daran 2620 , "'c' 12/5/2005 ",
Moody, Timothy 2621 12/05/05
, ... ,; ","c' ",' ,'"~. "'.,>' '" """, r" I~ ',' c,"', r,rr '.,>"c,r, ",rr .'. ',' ,,' 'c,
"C ", " " , "'" "'" ".'.,> ',"
'.,> ,.,: ",,"cc ", . ' ' " " "'C"'" ..'"',.,..'.,,',,,. ;.rr,..c "."",.,.,."'c',',,c'c,' ,'c
, " I ) c" ",/,c, , ,,' " c'" " .', .r,' )",
",', ' ""C, '.,> " "". """ I ',. "," '0, ,' " r;" ".,"'".cx,.". ".".'"",,{ '," ,"""::;'~,,.',c'c,." ,',,'cc,,'c ".",.,.,.""".",' ",'
',,',', .". '." ,"cc"","" ,C,,'," , ,," " "",',' ",' ',","
, c"c.", .,' "T.'~ '," 'c'C '. """',' , "",.", ,',""'" ,i'" I'c'" ""r Ii; I"'.""" ., 'c. "r" "" ,'c".'.,,', "..c"r~','.,cc." ... c'c,,"
r, ', ".c..':"'" c' ,....:, "
",,' ',cc, ,'...: ,'c r """",c.', ,"'c, ,.c.."c.'.'.'c',""c,',~~'. ,,".',C ", '"~ "'" "cc, I'" "".".""c ,'".. "'.' I,'., r,',~ ^^c" ,,'c",".'" .:' "C":" .i,"".""'.""" ." ""'.",'" I:', '.,,'
"'/"" " I'",~ I,
Special Attachment No, 5-A
Listing oflnspwion Staff for Kaw Valley Engineering, Inc
I Updated, 02.)an-04 07:58 AMI
The following list ofpersOtUlei are available to perfo"" the work on KDOT Project No 85 U-1851-01 when required
Certlncatton and Exptration Dat..
INSPECTION TESTING
-c;;¡:- ACI ACI ACI ACI QClQA QC/QA
Name No, 81 API CPI STR IMSA !lAC AGF AGL AMF CF CS PO SF SD SOF SOL NUC ASPHALT CONCRETE
C';""'" 555 12/13/07 12/13107 1211.3107 Ii/U/O7 "< \2127/04 ""ife, "",' ,"'~" 02119/05 ' b2/12/04 1,(" ~ '.. ",; ' "~ "ð2/í2/04 03/20/06
Barr, urns. < , ',"
Bishop, Scott 1427 \2/20107 \2/20/07 12/20/07 05/03/04 04/\5/05
" " "i) ,~ < , '",;..",,",.,; "" ,,' 08/02/08 " ,'" "".,';."",'i I"~ ,',' ,;"'" ~ ;'"",:i" I""".',",.','.';"""",;"...",,;,,:; i;'
Brown, Colt 256\ ,," ,';,'; ";"" ~ " I',." ,,-;"", ' "",,, " ", ",'"
Corbett, Raymom 775 11122107 \1122/07 11122/07 12/27/04
,,' ", , "', '",,;X'.") Ii ",,'~ '" ,.-n' " ', ... ÒV281Ö8 ' ' OJ/OIIO7
Curtis, 'JeffTey "" I '1851 02/21105 02/21105 ,02/21105 02121/05 ,03/03/05 02/i5105 04/21/04 ,,> 03/2,8/01 02/08/05 ,;,', 03/14/07
Diamond, Milton 2232 10/06/06
Drake, Bi),an " " ",' .'.,"," ,'i i > I,';; ;',', .. '" I""" ,' " ""','.," ";"""';i':' ",).',' i'" ;",: """ 'i :j: ,,"<
253\ . ""'" , , - " - 03/20/08 1',,< "
Dundon, David 656 12/\4106 12114106 12/\4106
"," """"",',";','.""" , ,,", "",<; " I).' """. " "';;""" ,;,/~',';,> <' ":'<,'.;', 0 ìl23/08
Foster,TelTance 1729 " ' 04/25108 I'; <,d" 10/10/08 I' ",U',i;", ,,',,"'" :',
Jensen, Jerry 1058 12/\3/07 \2/13107 \2113/07 \2/\3/07 12127/04
, "" ;""'" ""'"" ",',,""", I,' .' ',' 10105/07 1,,<,,'... " ",..~:'; 0" ', ,;,c, ,;: I;'i,
Johnson, David 2579 ;" , ,, ' ",,:, ," '," ,',',' "" :,,>';" ' " ",;" "
Johnson, Ronald 508 01/] 5/08 12113/07 \2113/07 12113/07 \2/27/04 04/\2/07 02/]8/05 02/04/05 0 1128/08 02/04/05 03/20/06
"', ' 02/21105 02/2 ]/05 I'"".," >-".. " , ' <, ;: 02lÓ8/05 ";,".'ic:,., ..' '. .C:r, ""'" <<':
D.Rue, Steven "', 1847 02/21105 02/21105 0 1/07/05 02/15/05 \0/10/03 ,"', """ ,<>'
,"
Lee, .lames 807 \2/27104 03115/07 02/19/05 03/05/08 \2/12/07 05/03/07 0\/28108
, I.",""" .'" :,< ." ::,. "",:"~i'.';.,".,, 01128/08 ;"""""",.:" ,"",
Leè, Johnson 1846 02/21105 02/21105 02121/05 02121105 ""',,'; , 01/07/05 ' , 02/15/05 08/05/05 :',: 02/08/05 >'i",;, "< ' '"",
Leeds, Richard \728 02/I3/07 \2/07/06 03115/07 02/03/06 05/30/07
" ,'" ,'" " "' ,,: ,;' ','. > I~': ,"" C,'..'" ',,:' " ,' I, ',,"'" I..:;,:.'~.,,: """"'f,,:" ;"
Loader,Jason 2012 ", " ;', ' ," "" 12/22/05 \2/20105 ,',C' ',,", ;,;,;',"'"
Mitchell, Adam 2580 06/07/08
- ,, " ,".,';,,: " , ',"'" I """" ,,""c.':.' ","'.' '> ~ ,C:: i.;;'; , .,":,," ,
Murphy; Tad "" 1425 12/20/07 12/20/07 12/20107 ,', ";", 12/21/04 ',,';'" ,;"';, ,',' 02/17/06 "-,": ,""
Pinkowski, Kevir 1845 02/21/05 02/21105 02/21105 02/2 1/05 01107/05 02115/05 06/25/03 02/08/05
'" , <' "",i,,:' ',".r,,".,..,."" """" " " ""';;,", """""."...,;, ~,JeT,;'"~ :i.'",:'" I"..".',,:',';;;:~ "',":,:' .,:;"ce" ,;
Rodgers, Harold 657 02113/07 02113107 05/08/07 ", ",'" ,..,
Rutz, Brandon 2390 09/12/07
]063 ," ," ,)~' .',..;..... " """, d I' ,,' ;,', ,i"~.. "',"ce;".,}," '"',, ,":> 1 "",i "" "
Sheaffer, Dave 12/27/04 " , "", ',,' " ';e' .;.', ,'" ' '"
Sheets, David IO46 12114/06 11/09/06 11109106 12114/06
,,' I, . "",..;.".,'",.,;, ';"..."; , "i" ';"'",;;;"" ",'" , i,. "."',"".'..':"'.:. I~i, './,'~,',,',;'; ,,"'.">.. ;"", "';,'
Soetebier, John 1862 ,'" ,,", 02/Ì5/04 , ", """,'
Upham, Daniel 2532 03/20/08
;" ", "",.,,>,' "" ,;"';',', i,:, "",',". ..'. ' .. " '" ", ,i', """'."';':}' 01114/05 ", ie,~ Ii ;"',',';',,., ;.; ,';"",
Vennetten, David 1704 " .",,' ~ "",Ce" I' " ', :';" 01/12105 ,,'-
Weller, Chad 934 12/07/06 02/13107 02/13/07 02/13107
Yuhn,' DalTin 1747 02/01107 02/01/07 02/01107 02/01107 ',' ,.."", " "i,,',;" I,'" '," I"i'/,. I,,; " " " .,'~Ce "'.. ,t,
',",," 02/13/04 ,,'" .':', ~
ec.IOo\ A-~c.ehI1'\~+ t-lc. ~
ESTIMATE OF ENGINEERING FEE
Lakewood Drive Bridge Replacement
KDOT Project No. 85 U-1851-01
Salina, Saline County, Kansas
Employee Average Estimated
Type Salary Hours Extension
IA. DIRECT PAYROLL
Pre-Construction Phase
Pre-Construction Meeting Project Manager $ 38.00 6 $ 228.00
Coordination with Sub-Consultant Project Manager $ 38.00 6 $ 228.00
Contractor Falsework Shop Drawmg Review Sr. Engineer $ 40,00 6 $ 240.00
Phase Totals 18 $ 696.00
Construction Phase
Proj, Management, Coordination During Const. & $ 38,00 35 1,330.00
Inspection Assistance (as needed) Technician $ 14,00 20 280.00
Engineering During Construction Sr. Engineer $ 40.00 14 560,00
Phase Totals * 69 2,170.00
Post-Construction Phase
Consultation, Proj. Mgmnt" Coordination of finals
Phase Totals 8 304.00
TOTAL DIRECT PAYROLL COSTS $ 3,170.00
SUMMARY OF TOTAL DIRECT PAYROLL COSTS
Employee Type Average Salary Est. Hours * Extension
Project Manager $38.00 55 $ 2,090.00
Technician $14.00 20 $ 280.00
Sr. Engmeer $ 40.00 20 $ 800.00
TOT AL LABOR 95 $ 3,170.00
B. SALARY RELATED OVERHEAD @ 159.79% $ 5,065.34
Ie. TOTAL PAYROLL PLUS OVERHEAD (A+B) 1$ 8,235.34!
ID. NET FEE @ 15.0% I $ 1,235.30 ,
E. TOTAL DIRECT PAYROLL, OVERHEAD and NET FEE $ 9,470.64
F. DIRECT EXPENSES (Mileage, Sub-Consultant)
Mileage (@$0.36jmi)
Sub-Consultant (Kaw Valley)
3500
$0.36
$ 1,260.00
$ 66,630.31
$ 67,890.31
1$ 77,360.951
TOT AL DIRECT EXPENSES
¡G. TOTAL COST PLUS NET FEE
1/2/2004
WORK E S TIMA TE FORM
<C!T;OT Project No. 85 U 1851-01
:ork Estimate No. One
Spe~lo.( A.tkchml"ftt ~ö. ~
Sheet 1 of 1
County SaliDe
, roj ect Location Smoky Hill River Channel. Lakewood Drive. Salina. Kansas
,--", -' - -
-,-" ,~- -",:C
-",,'" '-' - ..
SCOPE OF SERVICES (KDOT's Description of Work Consultant Shall Com.plete):
To provide inspectors to inspect various types of work as required by this contract.
ESTIMATED COSTS TO COlVIPLETE SERVICES (Consultant prepared):
Name of Employee
David L. Sheets
..,~," -~-
J~f~)'Ç:t1rI:i~
Clerical
,-",,-- ,,"
Certification
Level
nAG
IIAC
Base Rate
22.80
14.00
14.00
Est.. Hrs.
920
120
10
-,
Labor Subtotal -
Subtotal x 147.25 (Rate Factor(See Exhibit A)) =
N&F~ -
Other Direct Expenses -
Other Direct Costs:
Mileage::
8AOO ~ .35 = $2.940.00
Labor Sub.
(DoUars)
20,976.00
1,680.00
140.00
22:,796.00
33t567.11
7,327.20
2t940.00
David L. Sheets. Kaw V alley Engineerin~
Consult~nt Representative Furnishing Estim~lte
Upper Limit of Compensation =
$66.630.31
Date
KDOT Representative Approving
Upper Limit of Còmpensation*
*~onsultant s~all not begin performing services until KDOT has approved Upper Limit
: CompensatIon.
December 17, 2003
AO3PJS93
S~Qo~ A--~~ah~ No.LR
Project No. 85 U 1851-01
Bridge Replacement, Saline County, Kansas
Page 1 of2
SUPPORTING DATA SHEET
for
ESTIMATE OF ENGINEERING FEE
A.
Dìrect Payroll
Contract Administration
Work Type
L Check Plans &
Quantities; Attend
PreconstIUct:ion
Conference~ Set up
Field Books
Employee
(3) SeDlar Technician
2. Field Inspection Daily (a) Senior Technician
Comract Documents (b) Clerical
3. On-Site Testing and (a) Field Insp~toI' l1AC
Þ...spbalt Phmt InspectOr (b) Plant Inspector llAC
4. FIDa1 Paper Preparation (a) Senior Techniciw
Est.
Hours
Avg.
Salary
40 22.80
Subtotal........................
840 22.80
10 14.00
Subtotal.......................
80
40
14.00
14.00
Sl.lbtoml........................
40 22.80
Subtota1........................
TOTAL DIRECT PAYROLL COST
Extension
912.00
912.00
19þ152.00
140.00
19~92.00
1.120.00
560.00
lþ680.00
912.00
912.00
$22,196.00
December 1 7. 2003
AO3P1593
Sfkc.IQJ A Hœhrrt~ No. (p
Project No. 85 U J.851-01
Bridge Replacement, Saline County. KanS2S
:Page 2 of2
SUPPORTING DA T A SHEET
for
ESTIMATE OF ENGINEERING FEE
A. Sùntma.ry Toral Direct
Payroll Cost
(a) Senior Te~hnician
(b) Fjeld Inspector 1IA.C
(c) Plant iI1spectOr I1AC
(d) Clerical
Hours
920
80
40
10
Total Direct Payrol1 CoSt
B. Salary and Gen~al Overhead (147.25)
C. Total PayroJl Plus Overhead (A+B)
D. Net Fcc
E. Total Direct Payroll. Overhead and Net Fee (C+D+
F. Direct Expenses
(Mileage - 8.400 @0.35 per mile)
TOTAL COST PLUS 1'/'"ET FEE
Rate
22.80
14.00
14.00
14.00
Exte,nsion
20,976.00
1,120.00
560.00
140.00
22,7%.00
33,567.11
56,363.11
7,327.20
63,690.31
2,940.00
S66,630.3J
Project No. 85 U-]85l-0]
Special Attachment No.7
Sheet 1 of I
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)
-L
or
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 celiification is factual and reliable and is a pmi of this
transaction.
11l-?/6 '1
By é)¿ C-
Project No. /3 5 (-I'>/:-;! - c> (
Date:
City:
,/" ,1
',;) ,4' C ¡ /\//r
County:
5,/¡LJ ~E