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Architect Services - Lakewood CONTRACT FOR ARCHITECTURAL/ENGINEERIN G SERVICES (COST PLUS NET FEE AGREEMENT) 85 TE-0210-01 TEA-T021(001) Lakewood Park Historic Truss Bridge-Relocation and Rehabilitation Transportation Enhancement Project City of Salina, Kansas THIS AGREEMENT entered into this3rÅ day o~~ ' 200f,bY and between Salina, Kansas hereinafter referred to as the "City", as principal, and the architectural/engineering firm of Olsson Associates, with principal offices located at 1111 Lincoln Mall, Lincoln, Nebraska, hereinafter called the "Consultant" . WITNESSETH: WHEREAS, the City and the Secretary of Transportation of the State of Kansas, herein after referred to as the "KDOT", has entered into a Transportation Enhancement Project Agreement on the 8th day of June, 2004; and, WHEREAS, the City has submitted an official request to the KDOT stating that it desires Federal participation in the cost of architectural/engineering services, as well as the construction cost of the Project. The Project involves the relocation and rehabilitation of the Lakewood Park historic truss bridge in Salina. The project will be developed following the rules and regulations promulgated by the u.S. Department of Transportation in the Code of Federal Regulations; and WHEREAS, the City has requested authorization from the KDOT to secure architectural/engineering services, to make studies and to take such steps as may be necessary to fully participate in the benefits made available using Federal Funds for qualified Transportation Enhancement Projects; and WHEREAS, the City's forces will be unable to handle the work involved and the City desires to engage the architectural/engineering services of the Consultant, including, but not necessarily limited to, the following: SCOPE OF SERVICES: Construction Administration - Provide bidding services which shall include assisting the city in obtaining bids, reviewing, awarding and preparing contracts for construction and providing interpretations or clarifications of the construction documents. Provide other services necessary to insure proper construction of the project including contract administration, necessary surveys, materials testing and review and recommendation for approval of all shop drawings, change orders and voucher payments, as may be required. NOW THEREFORE, in consideration of the premises and covenants herein contained, the parties hereto mutually agree as follows: ARTICLE I The City agrees: 1. To employ the Consultant to perform the architectural/engineering services described in Scope of Services of the Agreement for a fee, and in the manner stipulated in Article I, Paragraphs 4 and 5 below and in general accordance with the Proposal for Architectural/Engineering Services (See Attachment #4). 2. To notify the Consultant in writing when work on the Project may proceed. 3. To review the Consultant's schedule and to monitor the Consultant's actual progress throughout the period of this Agreement. 4. To compensate the Consultant for architectural/engineering services as specifically described in the Proposal for Architectural/Engineering Services (See Attachment #4) as follows: (a) Compensation shall be made on the basis of the Consultant's actual cost, with a fixed overhead rate and a net fee in conformance with the cost principles established in Title 48 Code of Federal Regulations (CFR), 1-31 et seq. (b) Compensation shall be made on the basis of the Consultant's actual cost, overhead rate and direct expenses, with a net fee amount of$ 2,622.90. (c) Total compensation for this Agreement shall not exceed $ 29,241.94. (d) During the progress of work covered by this Agreement, partial payments may be made to the Consultant from the City within thirty (30) days of receipt of proper billing, but at intervals of not less than one calendar month. Progress billing shall be supported by a progress schedule acceptable to the City and KDOT, which includes a statement of the percentage of work completed and the actual costs incurred during the billing period. Partial payments due shall be defined as the accumulated total fees less the total of previous payments less the $500 retainage. ( e) The voucher for final payment from the City due under provisions of this Agreement may be submitted after the acceptance and approval of the construction work by the City and the KDOT. 5. Final payment due under provisions of this Agreement shall be made within ninety (90) days after completion of final audit of the Consultant by representatives of the KDOT. 2 ARTICLE IT The Consultant Agrees: 1. To perform the scope of services as outlined in the Proposal for Architectural/Engineering Services (See Attachment #4) and to complete the work covered based on the number of calendar days established in the Construction Documents for the completion of work by the contractor. In addition to the scope of services, the Consultant will assume the following obligations: 2. (a) Furnish two (2) copies of each proper billing to the City. (b) Accept compensation for the performance of services herein described in such amounts and at such intervals as indicated in Article I, Paragraph 4 and 5. (c) Provide services and extra work in addition to those set forth above and in the Consultant's Proposal, or for changes in plans due to changes in criteria, for a mutually agreed actual cost plus a net fee. In the event that the scope of the Project changes to a point where, with the KDOT's concurrence, the City and the Consultant mutually agree that a supplemental agreement to this Agreement is necessary to provide for authorized extras, all payments for work performed to that date shall be due and payable within ninety (90) days after the date of the supplemental agreement, provided, however, that a proper billing has been received fÌom the Consultant. (d) Prepare an estimated schedule for performance of services identified in Article I, and report to the City (KDOT upon request) actual progress at monthly intervals or at a mutually agreeable interval approved by the City and KDOT. (e) Make all documents and accounting records pertaining to the work covered by this Agreement available at the Consultant's office to representatives of the City and the KDOT for audit for a period ofthree (3) years after the date of final payment. (f) 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. (g) Become familiar with, and shall at all times observe and comply with, all applicable federal, state, and local laws, ordinances and regulations. (h) Be responsible for any and all damages to property to persons arising out of an error, omission and/or negligent act in the Consultant's performance of services under this Agreement. (i) To save the City, the KDOT and their authorized representatives harmless from any and all costs, liabilities, expenses, suits, judgments and damages to persons or property caused by the Consultant, it's agents, employees or subcontractors which may result from acts, errors, mistakes or omissions from the Consultant's operation in connection with the services to be performed hereunder. 3 (j) To warrant that the Consultant has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making this Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability, or in his or her discretion to deduct from this Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. (See Attachment #2). ARTICLE III The City and the Consultant agree the KDOT: 1. Will advise the City when to proceed with the Project and issue in writing the necessary approvals so the City can notify the Consultant to begin work. 2. Will render to the City and the Consultant the cooperation and assistance necessary to process all plans and documents during the period ofthis Agreement in order to assure Federal participation. 3. Will notify the City and the Consultant of the status of received plans, forms and approvals. 4. Will reimburse the City for project costs incurred in accordance with the City-State Agreement signed and executed on the 8th day of June 2004. ARTICLE IV The parties hereto mutually agree: 1. The services to be performed by the Consultant under the terms of this Agreement are personal and cannot be assigned, sublet, or transferred without written consent of the City and the KDOT. Consent by the City and 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. The right is reserved by the City with the approval of 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 ofthe termination date stated in the notice. 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. 4. In the event the Agreement is terminated by the City without fault on the part of the Consultant, the Consultant shall be paid for the work performed or services rendered under the Basis of Payment determined for the Agreement. 4 5. In the event the services of the Consultant are terminated by the City for fault including but not limited to: unreasonable delays in performance; failure to respond to City or the KDOT's requests; and/or unsatisfactory performance on the part ofthe Consultant, the Consultant shall be paid the reasonable value of the services performed or rendered and delivered to the City up to the time of termination. The value of the services performed, rendered and delivered will be determined by the City and 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 will be comprised of a maximum of two (2) representatives from each of the Agreement parties. 6. In the event of the death of any member or partner of the Consultant's firm, the surviving member shall complete the services, unless otherwise mutually agreed upon by the City and the survivors, in which case the consultant shall be paid as set forth in Paragraph 5 above. 7. All the applicable terms of this Agreement remain in force 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. 8. The Consultant will not, without written permission from the City engage the services of any person or persons in the employment of the City or the KDOT for any work required by the terms of this Agreement. 9. The City and KDOT may require the Consultant and subcontractors to be available for audit at the KDOT's discretion. Accounting methods, cost documentation, and books of said parties will be maintained in accordance with generally accepted accounting principles and will conform to the appropriate provisions of Title 48 Code of Federal Regulations (CFR) Chapter 1. 10. When compensation for services required is by the actual cost plus a net fee method, overhead rates will be submitted to the KDOT by the Consultant for audit within seventy-five (75) days after completion of the Consultant's fiscal year. The Consultant will assemble work papers for audit at their normal place of business. Overhead rates will be audited on a yearly basis following the first audit as may be required. Overhead rates will be adjusted at the time of the audit review. If the overhead rate increases or decreases, previous payments will be adjusted to insure that the Consultant is reimbursed for actual costs. Future payments will be based on the latest audit. 11. The Consultant, the City and the KDOT may arrange for such conferences as may be deemed necessary or desirable and that work in progress may be reviewed at the Consultant's offices. 12. An extension of time shall be granted the Consultant for delays recognized by the City and KDOT as unavoidable; provided, such extension of time shall be requested by the Consultant in writing, stating the reasons therefor. 13. Attachment No(s). 1 through 4 attached hereto are incorporated herein by reference. 5 ARTICLE V The correlation, interpretation, and intent of the Agreement Documents, including the Agreements and Attachments thereto, shall be as follows: 1. The Agreement, the Notice to Proceed and all supplemental agreements shall be defined as the Agreement Documents. 2. The Agreement Documents comprise the entire Agreement between the City and the Consultant. They may be altered only by supplemental agreement. 3. The Agreement Documents are complimentary; that is, what is called for by one is binding as if called for by all. If the Consultant or the City finds a conflict, error, or discrepancy in the Agreement Documents, the Consultant will call it to the City's attention before proceeding with the work affected thereby. In resolving such conflicts, errors, and discrepancies, the Documents shall be given precedence in the following order: Supplemental Agreement, Agreement and Notice to Proceed. It is further agreed that this Agreement and all contracts entered into under the provisions of this Agreement shall be binding upon the parties hereto and their successors and assigns. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized officers on the day and year first above written. ATTEST: c~~ L~ tity Manager/Mayor (J L ~ f:. C1/U Olsson Associates /l ~.( rrc I ArES BY: /I1J~. Title: C rpl/1(' Le<dev 6 INDEX OF ATTACHMENTS Attachment No.1 - Supporting Data Sheet for Estimate of Construction Administration Fee Attachment No.2 - Certification of Project Applicant-Code of Conduct Attachment No.3 - Civil Rights Act of 1964 & Rehabilitation Act of 1973 Attachment No.4 - Proposal for ArchitecturaVEngineering Services 7 Attachment #1 SUPPORTING DATA SHEET FOR ESTIMATE OF ENGINEERING FEES Construction Administration 85 TE-021 0-01 TEA T021 (001) Lakewood Park Historic Truss Bridge-Relocation and Rehabilitation City of Salina, Kansas (I)DIRECT PAYROLL POSITION TITLE RATE EST HOURS AMOUNT TOTAL (SUBTOTAL) Project Manaaer $39.23 24 $941.52 $941.52 Senior Technician $16.50 340 $5,610.00 $5,610.00 Project Enaineer $20.30 8 $162.40 $162.40 Field Inspector $16.00 44 $704.00 $704.00 Plant Inspector $15.30 44 $673.20 $673.20 Secretary $15.75 8 $126.00 $126.00 SUBTOTAL(I) $8,217.12 (II) GENERAL and ADMINISTRATIVE OVERHEAD (1.66 %) X SUBTOTAL (I) $13,640.42 (III)SUBTOTAL (Sum of I and II) $21,857.54 (IV) NET FEE (Profit @ 12%) $2,622.90 (V) DIRECT EXPENSES (TRAVEL, MATERIALS, RATE DAYS/MILES/ AMOUNT POSTAGE AND CONSULTANTS) OTHER Travel Auto Rental $60.00 3 $180.00 $180.00 Construction Inspector Mileage $0.38 10425 $3,961.50 $3,961.50 Telephone $150.00 1 $150.00 $150.00 Motel $70.00 6 $420.00 $420.00 Construction Photos and Processing $50.00 1 $50.00 $50.00 SUBTOTAL(V) $4,761.50 (VI) COST (TOTAL FOR JOB ITEMS III+IV+V) $29,241.94 Attachment #2 CODE OF CONDUCT This Code of Conduct shall govern the performance of our officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. NO employee, officer or agent of the grantee shall participate in selection, or in the award or administration of a contract supported by federal funds if a conflict of interest. real or apparent, would be involved. Such conflict would arise when: . the employee, officer or agent; or . any member of that employee, officer or agent's immediate family; or . any employee, officer or agent's partner; or . an organization which employs or is about to employ any of the above; has a fmancial or other interest in the fIrnl selected for award. Officers, employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to sub-agreements, except where the fmancial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value. Violations of this code by any officer, employee, agent, subcontractor or subcontractor's agents shall be penalized to the full extent under applicable Local, State and Federal laws; both criminal and civil. Note: This Code of Conduct is required by Federal Regulations. Please review the above information and sign and return the attached sheet "Certification of Project Applicant" 9 Attachment #2 Project No. 85 TE-O210-01 CERTIFICATION OF PROJECT APPLICANT I hereby certify that I am the representative of the and duly authorized whose address is that neither I nor the above agency I hereby represent has allowed any officer, employee, or agent to participate in the selection of a Consultant, an award, or in the administering of a contract to be supported by Federal funds, if a conflict of interest, real or apparent, would arise from: . An officer, employee or agent having a fmancial or other interest in the flfTIl selected; or . An immediate family member of an officer, employee or agent having a fmancial or other interest in the flfIll selected; or . A partner of an officer, employee or agency having a fmancial or other interest in the flfTIl selected; or . An organization that employs or is about to employ any of the above, where the organization has a fmancial or other interest in the firm selected. I further certify that no officer, employee or agent has solicited nor accepted gratuities, favors or anything of monetary value from said flfTIl that is of substantial or intrinsic value, so determined by the established Code of Conduct. I acknowledge that this certificate is to be furnished to the Secretary of Transportation for the State of Kansas in connection with this Agreement and is subject to applicable State and Federal laws, both criminal and civil. J - /~-o5 Date Si 10 Attachment #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 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 NOTIFICATION The Secretary of Transportation for the State of Kansas, in accordance with the provisions of Title VI and Title VII of the Civil Rights Act of 1964 (78 Stat. 252), §504 of the Rehabilitation Act of 1973 (87 Stat. 3555) and the Americans with Disabilities Act of 1990 (42 USC 12101), the Age Discrimination Act of 1975 (42 USC 6101), the Regulations of the U.S. Department of Transportation (49 c.F.R., Part 21, 23, and 27), issued pursuant to such ACT, Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations (1994), and the DBE Program (49 c.F.R., Part 26.1), hereby notifies all contracting parties that, the contracting parties will affirmatively insure that this contract will be implemented without discrimination on the grounds of race, religion, color, gender, age, disability, national origin, or minority populations and low income populations as more specifically set out in the following nine "Nondiscrimination Clauses". CLARIFICATION Where the term "consultant" appears in the following seven "Nondiscrimination Clauses", the term "consultant" is understood to include all parties to contracts or agreements with the Secretary of Transportation of the State of Kansas. Nondiscrimination Clauses During the performance of this contract, the consultant, or the consultant's assignees and successors in interest (hereinafter referred to as the "Consultant"), agrees as follows: (1) Compliance with Regulations: The consultant will comply with the Regulations of the U. S. Department of Transportation relative to nondiscrimination in federally-assisted programs of the U.S. Department of Transportation (Title 49, Code of Federal Regulations, Parts 21, 23 and 27, hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 11 (3) (4) (5) (6) Attachment #3 (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. Solicitations for Subcontractors, Including Procurements of Material and Equipment: In all solicitations, either competitive bidding or negotiation made by the consultant for work to be performed under a subcontract including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the consultant of the consultant's obligation under this contract and the Regulations relative to nondiscrimination on the grounds of race, religion, color, gender, age, disability, national origin or minority populations and low income populations. Information and Reports: The consultant will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and the Secretary of the Transportation of the State of Kansas will be permitted access to the consultant's books, records, accounts, other sources of information, and facilities as may be determined by the Secretary of Transportation of the State of Kansas to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a consultant is in the exclusive possession of another who fails or refuses to furnish this information, the consultant shall so certify to the Secretary of Transportation of the State of Kansas and shall set forth what efforts it has made to obtain the information. 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, (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. 12 (7) (c) (8) Attachment #3 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 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 carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. 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 and use such information in complying with this Order. Incorporation of Provisions: The consultant will include the provisions of paragraph (1) through (8) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, order, or instructions issued pursuant thereto. The consultant will take such action with respect to any subcontract or procurement as the Secretary of Transportation of the State of Kansas may direct as a means of enforcing such provisions including sanctions for noncompliance: 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. 13 Attachment #4 85 TE-O21O-01 TEA-TO21(OOl) Lakewood Park Historic Truss Bridge-Relocation and Rehabilitation City of Salina, KS PROPOSAL FOR ARCIDTECTURAL/ENGINEERING SERVICES Cost Plus a Net Fee The architect/engineering fmn of Olsson Associates, hereinafter referred to as the "Consultant" has reviewed the infonnation transmitted by the City of Salina, Kansas, hereinafter referred to as the "City". Based on this infonnation, the Consultant submits the following Proposal: 1. The City has requested a proposal for architecturaVengineering services for the relocation and rehabilitation of the Lakewood Park historic truss bridge in Salina, Kansas and designated by the above-noted project numbers. The subject improvements are hereinafter referred to as the "Project". 2. The City has stated there is Federal participation in the cost of the construction administration services, as well as the construction of the Project. 3. The City desires the architecturaVengineering services provided by the Consultant to be in accordance with regulations and procedures prescribed by the Federal Highway Administration (FHW A) and the Kansas Department of Transportation (KDOT»). The Scope of Architectural services desired can be derIDed as the: Construction Administration: Provide bidding services which shall include assisting the city in obtaining bids, reviewing, awarding and preparing contracts for construction and providing interpretations or clarifications of the construction documents. Provide other services necessary to insure proper construction of the project including contract administration, necessary surveys, materials certification, review and testing approval, recommendations for approval of all shop drawings, change orders and payments as may be required. 4. The Consultant will perform the following architecturaVengineering services on Construction Administration: (a) Provide assistance in obtaining bids, reviewing, awarding and preparing contracts for construction and provide interpretations or clarifications of the construction documents. (b) Attend all conferences designated by the City and KDOT, or required under the terms of the Agreement. (c) Designate the Consultant who shall maintain Project activity documents for KDOT's review. (d) Become familiar with Construction Contract Documents, and the Contractor's proposed schedule of operations prior to beginning fieldwork under the Agreement. (e) Perform the field operations in accordance with accepted safety practices. (f) Furnish all equipment required to accomplish the work. (g) Provide for personnel such transportation, supplies, materials and incidentals as are needed to accomplish the services required under the Agreement. (h) Transmit orders to the Contractor and provide guidance in the proper interpretation of the Specifications and Plans. 14 (0) (P) (q) (r) (s) 5. Attachment #4 (i) Inspect all phases of construction operations to detemùne the contractors compliance with the 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 decided by the City and KDOT. U) Review and recommend for approval all shop drawings as may be required for the Project. (k) Provide for 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 decided by the City and KDOT. (1) Make certain test report records or certificates of compliance for materials tested off the Project site and required, prior to the incorporation in the work, have been received. (m) Maintain such daily diaries, logs and records as are needed for a complete record of the contractors' progress. (n) Prepare and submit, or assist in preparing, such periodic, intermediate and [mal reports and records as may be required by the City and as are applicable to the Project, which may include: 1. 2. 3. 4. 5. 6. Notice of change in construction status Test report card record Contractor pay estimates Contractor's [mal certification of materials Explanation of quantity variation Statement of contract time Prepare and submit, if desired, partial payment invoices for services rendered but not to exceed one submittal per month. Prepare and submit overrun and underrun requests to the City and KDOT for approval prior to initiation. Prepare and submit a certification of Project completion. Prepare and submit a final payment voucher. Prepare, when the Project is completed, one copy of major changes to the plans and transmit with a letter to the City. The fee proposed by the Consultant for architecturaVengineering services shall be made on the basis of the Consultant's actual cost, with a fixed overhead rate and a net fee in conformance with the cost principles established in Title 48 Code of Federal Regulations (CFR), 1-31 et seq. 6. Compensation shall be made on the basis of the Consultant's actual cost, overhead rate and direct expenses, with a net fee amount of$2,622:90l'he upper limit of compensation for work shall be $:29,241.94 Reference attached Supporting Data Sheet(s). Respectfully submitted, ?1 ~j A Consultant J d- ( ?? ( ó tl Date 15 85 TE-021 0-0 1 TEA- T021 (00 1) Lakewood Park Historic Truss Bridge-Relocation and Rehabilitation Transportation Enhancement Project City of Salina, Kansas CONTRACT FOR ARCHITECTURAL/ENGINEERING SERVICES (COST PLUS NET FEE AGREEMENT) THIS AGREEMENT entered into this3rÅ day o~~ ' 200fbY and between Salina, Kansas hereinafter referred to as the "City", as principal, and the architectural/engineering flTITI of Olsson Associates, with principal offices located at 1111 Lincoln Mall, Lincoln, Nebraska, hereinafter called the "Consultant". WITNESSE TH: WHEREAS, the City and the Secretary of Transportation of the State of Kansas, herein after referred to as the "KDOT", has entered into a Transportation Enhancement Project Agreement on the 8th day of June, 2004; and, WHEREAS, the City has submitted an official request to the KDOT stating that it desires Federal participation in the cost of architectural/engineering services, as well as the construction cost of the Project. The Project involves the relocation and rehabilitation of the Lakewood Park historic truss bridge in Salina. The project will be developed following the rules and regulations promulgated by the u.S. Department of Transportation in the Code of Federal Regulations; and WHEREAS, the City has requested authorization from the KDOT to secure architectural/engineering services, to make studies and to take such steps as may be necessary to fully participate in the benefits made available using Federal Funds for qualified Transportation Enhancement Projects; and WHEREAS, the City's forces will be unable to handle the work involved and the City desires to engage the architectural/engineering services of the Consultant, including, but not necessarily limited to, the following: SCOPE OF SERVICES: Construction Administration - Provide bidding services which shall include assisting the city in obtaining bids, reviewing, awarding and preparing contracts for construction and providing interpretations or clarifications of the construction documents. Provide other services necessary to insure proper construction of the project including contract administration, necessary surveys, materials testing and review and recommendation for approval of all shop drawings, change orders and voucher payments, as may be required. NOW THEREFORE, in consideration of the premises and covenants herein contained, the parties hereto mutually agree as follows: ARTICLE I The City agrees: 1. To employ the Consultant to perform the architectural/engineering services described in Scope of Services of the Agreement for a fee, and in the manner stipulated in Article I, Paragraphs 4 and 5 below and in general accordance with the Proposal for Architectural/Engineering Services (See Attachment #4). 2. To notify the Consultant in writing when work on the Project may proceed. 3. To review the Consultant's schedule and to monitor the Consultant's actual progress throughout the period of this Agreement. 4. To compensate the Consultant for architectural/engineering services as specifically described in the Proposal for Architectural/Engineering Services (See Attachment #4) as follows: (a) Compensation shall be made on the basis of the Consultant's actual cost, with a fixed overhead rate and a net fee in conformance with the cost principles established in Title 48 Code of Federal Regulations (CFR), 1-31 et seq. (b) Compensation shall be made on the basis of the Consultant's actual cost, overhead rate and direct expenses, with a net fee amount of$ 2,622.90. (c) Total compensation for this Agreement shall not exceed $ 29,241.94. (d) During the progress of work covered by this Agreement, partial payments may be made to the Consultant from the City within thirty (30) days of receipt of proper billing, but at intervals of not less than one calendar month. Progress billing shall be supported by a progress schedule acceptable to the City and KDOT, which includes a statement of the percentage of work completed and the actual costs incurred during the billing period. Partial payments due shall be defined as the accumulated total fees less the total of previous payments less the $500 retainage. (e) The voucher for final payment from the City due under provisions of this Agreement may be submitted after the acceptance and approval of the construction work by the City and the KDOT. 5. Final payment due under provisions of this Agreement shall be made within ninety (90) days after completion of final audit of the Consultant by representatives of the KDOT. 2 ARTICLE IT The Consultant Agrees: 1. To perform the scope of services as outlined in the Proposal for Architectural/Engineering Services (See Attachment #4) and to complete the work covered based on the number of calendar days established in the Construction Documents for the completion of work by the contractor. In addition to the scope of services, the Consultant will assume the following obligations: 2. (a) Furnish two (2) copies of each proper billing to the City. (b) Accept compensation for the performance of services herein described in such amounts and at such intervals as indicated in Article I, Paragraph 4 and 5. (c) Provide services and extra work in addition to those set forth above and in the Consultant's Proposal, or for changes in plans due to changes in criteria, for a mutually agreed actual cost plus a net fee. In the event that the scope of the Project changes to a point where, with the KDOT's concurrence, the City and the Consultant mutually agree that a supplemental agreement to this Agreement is necessary to provide for authorized extras, all payments for work performed to that date shall be due and payable within ninety (90) days after the date of the supplemental agreement, provided, however, that a proper billing has been received from the Consultant. (d) Prepare an estimated schedule for performance of services identified in Article I, and report to the City (KDOT upon request) actual progress at monthly intervals or at a mutually agreeable interval approved by the City and KDOT. ( e) Make all documents and accounting records pertaining to the work covered by this Agreement available at the Consultant's office to representatives of the City and the KDOT for audit for a period ofthree (3) years after the date of final payment. (f) 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. (g) Become familiar with, and shall at all times observe and comply with, all applicable federal, state, and local laws, ordinances and regulations. (h) Be responsible for any and all damages to property to persons arising out of an error, omission and/or negligent act in the Consultant's performance of services under this Agreement. (i) To save the City, the KDOT and their authorized representatives harmless from any and all costs, liabilities, expenses, suits, judgments and damages to persons or property caused by the Consultant, it's agents, employees or subcontractors which may result from acts, errors, mistakes or omissions from the Consultant's operation in connection with the services to be performed hereunder. 3 (j) To warrant that the Consultant has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making this Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability, or in his or her discretion to deduct fÌom this Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. (See Attachment #2). ARTICLE III The City and the Consultant agree the KDOT: 1. Will advise the City when to proceed with the Project and issue in writing the necessary approvals so the City can notify the Consultant to begin work. 2. Will render to the City and the Consultant the cooperation and assistance necessary to process all plans and documents during the period of this Agreement in order to assure Federal participation. 3. Will notify the City and the Consultant ofthe status of received plans, forms and approvals. 4. Will reimburse the City for project costs incurred in accordance with the City-State Agreement signed and executed on the 8th day of June 2004. ARTICLE IV The parties hereto mutually agree: 1. The services to be performed by the Consultant under the terms of this Agreement are personal and cannot be assigned, sublet, or transferred without written consent of the City and the KDOT. Consent by the City and 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. The right is reserved by the City with the approval of 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 ofthe termination date stated in the notice. 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. 4. In the event the Agreement is terminated by the City without fault on the part of the Consultant, the Consultant shall be paid for the work performed or services rendered under the Basis of Payment determined for the Agreement. 4 5. In the event the services of the Consultant are terminated by the City for fault including but not limited to: unreasonable delays in performance; failure to respond to City or the KDOT's requests; and/or unsatisfactory performance on the part of the Consultant, the Consultant shall be paid the reasonable value of the services performed or rendered and delivered to the City up to the time of termination. The value of the services performed, rendered and delivered will be determined by the City and 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 will be comprised of a maximum of two (2) representatives fÌom each of the Agreement parties. 6. In the event of the death of any member or partner of the Consultant's firm, the surviving member shall complete the services, unless otherwise mutually agreed upon by the City and the survivors, in which case the consultant shall be paid as set forth in Paragraph 5 above. 7. All the applicable terms of this Agreement remain in force 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. 8. The Consultant will not, without written permission from the City engage the services of any person or persons in the employment of the City or the KDOT for any work required by the terms of this Agreement. 9. The City and KDOT may require the Consultant and subcontractors to be available for audit at the KDOT's discretion. Accounting methods, cost documentation, and books of said parties will be maintained in accordance with generally accepted accounting principles and will conform to the appropriate provisions of Title 48 Code of Federal Regulations (CFR) Chapter 1. 10. When compensation for services required is by the actual cost plus a net fee method, overhead rates will be submitted to the KDOT by the Consultant for audit within seventy-five (75) days after completion of the Consultant's fiscal year. The Consultant will assemble work papers for audit at their normal place of business. Overhead rates will be audited on a yearly basis following the first audit as may be required. Overhead rates will be adjusted at the time of the audit review. If the overhead rate increases or decreases, previous payments will be adjusted to insure that the Consultant is reimbursed for actual costs. Future payments will be based on the latest audit. 11. The Consultant, the City and the KDOT may arrange for such conferences as may be deemed necessary or desirable and that work in progress may be reviewed at the Consultant's offices. 12. An extension of time shall be granted the Consultant for delays recognized by the City and KDOT as unavoidable; provided, such extension of time shall be requested by the Consultant in writing, stating the reasons therefor. 13. Attachment No(s). 1 through 4 attached hereto are incorporated herein by reference. 5 ARTICLE V The correlation, interpretation, and intent of the Agreement Documents, including the Agreements and Attachments thereto, shall be as follows: 1. The Agreement, the Notice to Proceed and all supplemental agreements shall be defined as the Agreement Documents. 2. The Agreement Documents comprise the entire Agreement between the City and the Consultant. They may be altered only by supplemental agreement. 3. The Agreement Documents are complimentary; that is, what is called for by one is binding as if called for by all. If the Consultant or the City finds a conflict, error, or discrepancy in the Agreement Documents, the Consultant will call it to the City's attention before proceeding with the work affected thereby. In resolving such conflicts, errors, and discrepancies, the Documents shall be given precedence in the following order: Supplemental Agreement, Agreement and Notice to Proceed. It is further agreed that this Agreement and all contracts entered into under the provisions of this Agreement shall be binding upon the parties hereto and their successors and assigns. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized officers on the day and year first above written. ATTEST: c~~ (J L ~ to C1/U Olsson Associates /l ~.( rrc I ArES BY: /I1J~. Title: C r t/1/1 yJ Le<dev 6 Attachment No.1 - Attachment No.2 - Attachment No.3 - Attachment No.4 - INDEX OF ATTACHMENTS Supporting Data Sheet for Estimate of Construction Administration Fee Certification of Project Applicant-Code of Conduct Civil Rights Act of 1964 & Rehabilitation Act of 1973 Proposal for ArchitecturaVEngineering Services 7 Attachment #1 SUPPORTING DATA SHEET FOR ESTIMATE Of ENGINEERING FEES Construction Administration 85 TE-021 0-01 TEA T021 (001) Lakewood Park Historic Truss Bridge-Relocation and Rehabilitation City of Salina, Kansas (I)DIRECT PAYROLL POSITION TITLE RATE EST HOURS AMOUNT TOTAL (SUBTOTAL) Project ManaQer $39.23 24 $941.52 $941.52 Senior Technician $16.50 340 $5,610.00 $5,610.00 Project EnQineer $20.30 8 $162.40 $162.40 Field Inspector $16.00 44 $704.00 $704.00 Plant Inspector $15.30 44 $673.20 $673.20 Secretary $15.75 8 $126.00 $126.00 SUBTOTAL(I) $8,217.12 (II) GENERAL and ADMINISTRATIVE OVERHEAD (1.66 %) X SUBTOTAL (I) $13,640.42 (III)SUBTOTAL (Sum of I and II) $21,857.54 (IV) NET FEE (Profit @ 12%) $2,622.90 (V) DIRECT EXPENSES (TRAVEL, MATERIALS, RATE DAYS/MILES/ AMOUNT POSTAGE AND CONSULTANTS) OTHER Travel Auto Rental $60.00 3 $180.00 $180.00 Construction Inspector Mileage $0.38 1 0425 $3,961.50 $3,961.50 Telephone $150.00 1 $150.00 $150.00 Motel $70.00 6 $420.00 $420.00 Construction Photos and Processing $50.00 1 $50.00 $50.00 SUBTOTAL(V) $4,761.50 (VI) COST (TOTAL FOR JOB ITEMS III+IV+V) $29,241.94 Attachment #2 CODE OF CONDUCT This Code of Conduct shall govern the performance of our officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. NO employee, officer or agent of the grantee shall participate in selection, or in the award or administration of a contract supported by federal funds if a conflict of interest. real or apparent, would be involved. Such conflict would arise when: . the employee, officer or agent; or . any member of that employee, officer or agent's immediate family; or . any employee, officer or agent's partner; or . an organization which employs or is about to employ any of the above; has a fmancial or other interest in the fIfIll selected for award. Officers, employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to sub-agreements, except where the fmancial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value. Violations of this code by any officer, employee, agent, subcontractor or subcontractor's agents shall be penalized to the full extent under applicable Local, State and Federal laws; both criminal and civil. Note: This Code of Conduct is required by Federal Regulations. Please review the above information and sign and return the attached sheet "Certification of Project Applicant." 9 Attachment #2 Project No. 85 TE-O210-01 CERTIFICATION OF PROJECT APPLICANT I hereby certify that I am the representative of the and duly authorized whose address is that neither I nor the above agency I hereby represent has allowed any officer, employee, or agent to participate in the selection of a Consultant, an award, or in the administering of a contract to be supported by Federal funds, if a conflict of interest, real or apparent, would arise ITom: . An officer, employee or agent having a fmancial or other interest in the flfffi selected; or . An immediate family member of an officer, employee or agent having a fmancial or other interest in the firm selected; or . A partner of an officer, employee or agency having a fmancial or other interest in the flfffi selected; or . An organization that employs or is about to employ any of the above, where the organization has a fmancial or other interest in the firm selected. I further certify that no officer, employee or agent has solicited nor accepted gratuities, favors or anything of monetary value ITom said flfIll that is of substantial or intrinsic value, so detennined by the established Code of Conduct. I acknowledge that this certificate is to be furnished to the Secretary of Transportation for the State of Kansas in connection with this Agreement and is subject to applicable State and Federal laws, both criminal and civil. _1- (1-05 Date Si 10 Attachment #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 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 NOTIFICATION The Secretary of Transportation for the State of Kansas¡ in accordance with the provisions of Title VI and Title VII of the Civil Rights Act of 1964 (78 Stat. 252)¡ §504 of the Rehabilitation Act of 1973 (87 Stat. 3555) and the Americans with Disabilities Act of 1990 (42 USC 12101)¡ the Age Discrimination Act of 1975 (42 USC 6101)¡ the Regulations of the U.S. Department of Transportation (49 C.F.R.¡ Part 21¡ 23¡ and 27)¡ issued pursuant to such ACT¡ Executive Order 12898¡ Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations (1994)¡ and the DBE Program (49 c.F.R.¡ Part 26.1)¡ hereby notifies all contracting parties that¡ the contracting parties will affirmatively insure that this contract will be implemented without discrimination on the grounds of race¡ religion¡ color¡ gender¡ agel disability¡ national origin¡ or minority populations and low income populations as more specifically set out in the following nine "Nondiscrimination Clauses". CLARIFICATION Where the term "consultant" appears in the following seven "Nondiscrimination Clauses"¡ the term "consultant'¡ is understood to include all parties to contracts or agreements with the Secretary of Transportation of the State of Kansas. Nondiscrimination Clauses During the performance of this contract¡ the consultant¡ or the consultant's assignees and successors in interest (hereinafter referred to as the "Consultant")¡ agrees as follows: (1) Compliance with Regulations: The consultant will comply with the Regulations of the U. S. Department of Transportation relative to nondiscrimination in federally-assisted programs of the U.S. Department of Transportation (Title 49¡ Code of Federal Regulations¡ Parts 21¡ 23 and 27¡ hereinafter referred to as the Regulations)¡ which are herein incorporated by reference and made a part of this contract. 11 (5) (6) Attachment #3 (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 subcontract including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the consultant of the consultant's obligation under this contract and the Regulations relative to nondiscrimination on the grounds of race, religion, color, gender, age, disability, national origin or minority populations and low income populations. (4) Information and Reports: The consultant will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and the Secretary of the Transportation of the State of Kansas will be permitted access to the consultant's books, records, accounts, other sources of information, and facilities as may be determined by the Secretary of Transportation of the State of Kansas to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a consultant is in the exclusive possession of another who fails or refuses to furnish this information, the consultant shall so certify to the Secretary of Transportation of the State of Kansas and shall set forth what efforts it has made to obtain the information. 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, (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. 12 (9) Attachment #3 (7) 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 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. (c) The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of Federally-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. (8) Executive Order 12898 (a) To the extent permitted by existing law, and whenever practical and appropriate, all necessary and reasonable steps shall be taken in accordance with Executive Order 12898 to collect, maintain, and analyze information on the race, color, national origin and income level of persons affected by programs, policies and activities of the Secretary of Transportation and use such information in complying with this Order. Incorporation of Provisions: The consultant will include the provisions of paragraph (1) through (8) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, order, or instructions issued pursuant thereto. The consultant will take such action with respect to any subcontract or procurement as the Secretary of Transportation of the State of Kansas may direct as a means of enforcing such provisions including sanctions for noncompliance: 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. 13 Attachment #4 85 TE-O210-01 TEA-TO21(OOl) Lakewood Park Historic Truss Bridge-Relocation and Rehabilitation City of Salina, KS PROPOSAL FOR ARCIDTECTURAL/ENGINEERING SERVICES Cost Plus a Net Fee The architect/engineering fmn of Olsson Associates, hereinafter referred to as the "Consultant" has reviewed the information transmitted by the City of Salina, Kansas, hereinafter referred to as the "City". Based on this information, the Consultant submits the following Proposal: 1. 2. 3. 4. (g) (h) The City has requested a proposal for architecturaVengineering services for the relocation and rehabilitation of the Lakewood Park historic truss bridge in Salina, Kansas and designated by the above-noted project numbers. The subject improvements are hereinafter referred to as the "Project". The City has stated there is Federal participation in the cost of the construction administration services, as well as the construction of the Project. The City desires the architecturaVengineering services provided by the Consultant to be in accordance with regulations and procedures prescribed by the Federal Highway Administration (FHW A) and the Kansas Department of Transportation (KDOT». The Scope of Architectural services desired can be derIDed as the: Construction Administration: Provide bidding services which shall include assisting the city in obtaining bids, reviewing, awarding and preparing contracts for construction and providing interpretations or clarifications of the construction documents. Provide other services necessary to insure proper construction of the project including contract administration, necessary surveys, materials certification, review and testing approval, recommendations for approval of all shop drawings, change orders and payments as may be required. The Consultant will perform the following architecturaVengineering services on Construction Administration: (a) Provide assistance in obtaining bids, reviewing, awarding and preparing contracts for construction and provide interpretations or clarifications ofthe construction documents. (b) Attend all conferences designated by the City and KDOT, or required under the terms of the Agreement. (c) Designate the Consultant who shall maintain Project activity documents for KDOT's review. (d) Become familiar with Construction Contract Documents, and the Contractor's proposed schedule of operations prior to beginning fieldwork under the Agreement. (e) Perform the field operations in accordance with accepted safety practices. (f) Furnish all equipment required to accomplish the work. Provide for personnel such transportation, supplies, materials and incidentals as are needed to accomplish the services required under the Agreement. Transmit orders to the Contractor and provide guidance in the proper interpretation of the Specifications and Plans. 14 (P) (q) (r) (s) 5. Attachment #4 (i) Inspect all phases of construction operations to determine the contractors compliance with the 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 decided by the City and KDOT. û) Review and recommend for approval all shop drawings as may be required for the Project. (k) Provide for 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 decided by the City and KDOT. (I) Make certain test report records or certificates of compliance for materials tested off the Project site and required, prior to the incorporation in the work, have been received. (m) Maintain such daily diaries, logs and records as are needed for a complete record of the contractors' progress. (n) Prepare and submit, or assist in preparing, such periodic, intermediate and [mal reports and records as may be required by the City and as are applicable to the Project, which may include: 1. 2. 3. 4. 5. 6. Notice of change in construction status Test report card record Contractor pay estimates Contractor's [mal certification of materials Explanation of quantity variation Statement of contract time (0) Prepare and submit, if desired, partial payment invoices for services rendered but not to exceed one submittal per month. Prepare and submit overrun and underrun requests to the City and KDOT for approval prior to initiation. Prepare and submit a certification of Project completion. Prepare and submit a [mal payment voucher. Prepare, when the Project is completed, one copy of major changes to the plans and transmit with a letter to the City. The fee proposed by the Consultant for architecturaVengineering services shall be made on the basis of the Consultant's actual cost, with a fixed overhead rate and a net fee in conformance with the cost principles established in Title 48 Code of Federal Regulations (CFR), 1-31 et seq. 6. Compensation shall be made on the basis of the Consultant's actual cost, overhead rate and direct expenses, with a net fee amount of $ 2 ,622 :90'£'he upper limit of compensation for work shall be $:2 9 , 241 . 94 Reference attached Supporting Data Sheet(s). Respectfully submitted, ßl ~~ ~ Consultant / d- ( ?? (Ó ¿/ Date 15