8.5 Agr Bicycle/Pedestrian Path CITY OF SALINA
REQUESTFORCOMMISSION ACTION DATE ~ME
06/26/95 4:~P.M.
AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR
NO. ~8 Engineering & Utilities AGENDA:
ITEM:
BY: Shawn O'Lear BY:
ITEM
Agreement with Kansas Department of Transportation for construction
engineering services on Bicycle/Pedestrian Path Project.
BACKGROUND
The attached agreement between the City of Salina and the Kansas
Department of Transportation provides for the construction
engineering services on the upcoming bicycle/pedestrian path
project located on the flood control levee between Magnolia Road
and Bill Burke Park. As you know, this project is part of the KDOT
Transportation Enhancement Grant Program. As a requirement of that
program, the project is administered by KDOT.
The KDOT program mandates that construction engineering services be
provided by a certified Local Public Authority (LPA) which in this
case is the City engineering staff. The estimate of cost prepared
by the City Engineer for this service is $8,251.26. It is also
estimated that over 430 staff hours will be expended for the
construction engineering services on this project.
Bids were received for the project by KDOT on Wednesday, June 21,
1995. Results of the letting should be available at the June 26
City Co~f~aission meeting. It is estimated that the project will
require 35 working days to complete. The project should be
completed by Fall, 1995.
RECOMMENDATION
It is recommended that the City Commission approve the agreement
with the KDOT.
COMMISSION ACTION
MOTION BY SECOND BY
THAT:
CONTRACT FOR
FEDERAL-AID ROAD CONSTRUCTION
ENGINEERING BY CITY/COUNTY
(FORCE ACCOUNT AGREEMENT)
PROJECT NO. 85 TE-0038-01 CMS Contract No.
CITY OF SALINA
SALINE COUNTY
THIS AGREEMENT entered into this day of ,
19 , by and between the City of Salina, hereinafter referred to
as the "LPA" (Local Public Authority) or "Governmental Entity",
as principal, and the Secretary of Transportation of the State of
Kansas acting by and through the Kansas Department of Transporta-
tion (KDOT), hereinafter referred to as the "Secretary", as agent
for LPA pursuant to authority vested in the parties hereto by
virtue of K.S.A. 68-402b and K.S.A. 68-401 et seq. and an agree-
ment between parties dated March 3, 1994.
WITNESSETH:
WHEREAS, the Secretar~ of Transportation of the State of
Kansas pursuant to federal and state law authorizes said LPA to
perform certain construction engineering work on the above noted
"Project" consisting of 3.07 miles of Bike Trail along flood
control levee East side of Salina, and,
WHEREAS, in the execution of this Agreement, the LPA certi-
fies that it has now available sufficient equipment of suitable
type and the necessary employees adequately trained to perform
the work required under this Agreement in an economical and
workmanlike manner, and the LPA further certifies that the use of
the forces and equipment required for the performance of this
work will not interfere with other work which is necessary to be
performed by such forces and equipment on other roads in the LPA,
and
WHEREAS, the approved plans and specifications for said
Project are available at the KDOT Headquarters in Topeka, and
WHEREAS, the LPA and the Secretary desire to set forth in
this instrument their understanding and agreements relating to
the construction engineering and allocation of costs of the said
Project.
NOW, THEREFORE, in consideration of the covenants of the
parties and to give this agreement full force and effect in
providing the benefits hereinbefore mentioned, the parties hereto
mutually agree as follows:
I. SCOPE OF SERVICES
A. DEFINITIONS
(1) The term "KDOT" shall mean the Kansas
Department of Transportation and its
authorized representatives.
Revised 6-7-91 - 1 -
(2) The term "LPA" shall mean the City/County and
its authorized employees.
(3) The term "FHWA" shall mean the Federal Highway
Administration and its authorized
representatives.
(4) The term "Contractor" shall mean the
individual, partnership, joint venturers,
corporation, or agency undertaking the
performance of the work designated under the
terms of the construction contract.
(5) 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
supple~ntals thereto.
(6) 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.
(7) The term "Special Provisions" shall mean the
directions or requirements peculiar to a
Project and not otherwise thoroughly or
satisfactorily included in the Specifications,
and which are contained in the Construction
Contract Proposal.
(8) The term "Plans" shall mean the approved plan,
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.
(9) The term "Contract Documents" shall mean the
Specifications, Construction Contract
Proposal, Special Provisions and Plans, as
defined above.
(10) 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.
(11) The term "Field Engineer" shall for the
administrative control of this Agreement be
considered to mean Metro Engineer, Field
Engineering Administrator and/or Area
Engineer.
B. GENERAL RESPONSIBILITIES AND DUTIES
(1) The LPA shall perform engineering services
necessary and incidental to the accomplishment
of the Project to the satisfaction of KDOT,
and as more detailed in Special Attachment -
Specific Construction Provisions.
(2) The LPA 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 work.
(3) The work under this Agreement shall at all
times be subject to the review and approval of
KDOT.
(4) The LPA's principal contact with the KDOT
shall b~ with the construction field office.
(5) The work under this Agreement shall comply
with all applicable federal and state laws and
regulations.
(6) The LPA shall comply with OMB Circular No.
A-128.
(7) The FHWA shall have the right to participate
in all conferences and reviews.
(8) 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.
C. CONTROL AND AUTHORITY
(1) The authorized representative of the KDOT will
be designated by the District's Construction
Engineer and will be titled the "Field
Engineer".
(2) The Field Engineer will delegate to a
construction office the overseeing of the
Project where a Construction Engi-
neer/Construction Coordinator will be assigned
to monitor and coordinate all Project related
activity to assure compliance with applicable
Federal and State requirements of all work
performed under this Agreement and all
construction activities performed under the
Contract Documents.
- 3 -
(3) The LPA will designate a Project
Engineer/Project Manager and other inspection
personnel that are certified by the KDOT in
the appropriate classification to inspect .all
work performed and materials furnished. The
LPA may designate a Chief Inspector who will
perform the duties and have the responsibili-
ties of the Project Engineer/Project Manager.
The Project Engineer/Project Manager is not
authorized to alter or waive the provisions of
these specifications or the Construction
Contract Proposal. ~ The Project Engi-
neer/Project Manager is not authorized to
issue instructions contrary to the Plans and
Specifications, or to act as foreman for the
Contractor, however, he shall have the
authority to reject work or materials until
any questions at issue can be referred to and
decided\by the Field Engineer.
The use of non-certified inspector(s) for this
project will be limited to specific work after
demonstrating satisfactory performance and
obtaining written approval by the Field
Engineer.
(4) The Project Engineer/Project Manager shall
serve as field supervisor of all LPA personnel
and services performed under this Agreement,
and to act as liaison between the LPA and the
KDOT.
(5) The Project Engineer/Project Manager shall
transmit all reports and paperwork to, and
communicate and coordinate Project related
activity with the Construction Engineer/
Construction Coordinator.
(6) 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 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 the proper course of action.
In the event the Construction Engineer/
Construction Coordinator and Project Engineer/
Project Manager cannot agree, the Construction
Engineer/ Construction Coordinator will
promptly contact the Field Engineer or the
District Engineer of KDOT who will determine
the necessary course of action.'
D. AGENCY COORDINATION AND COOPERATION
(1) Contact and coordination with all affected
local, state and federal agencies, including
the FHWA, private consultants and contractors,
the general public, utilities and railroad
companies shall be the responsibility of the
KDOT.
(2) The LPA shall cooperate fully with the KDOT,
and with local, state and federal agencies,
includimg the F~WA, private consultants and
contractors, the general public, utilities and
railroad companies when so directed by the
KDOT. Such cooperation may include attendance
at conferences.
E. MEETINGS AND CONFERENCES
(1) Conferences as may be necessary for the
discussion and review of the work under this
Agreement shall be scheduled between the LPA
and the KDOT. These conferences may include
field review of the Project.
(2) Conferences may be held upon the request of
the LPA or the KDOT.
II. PROSECUTION AND PROGRESS
A. GENERAL
(1) Written authority to proceed with the work on
any construction Project under this Agreement
will be given by the KDOT to the LPA. The
KDOT will not be responsible for any work
performed by the LPA prior to such
authorization or liable for payment therefore.
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(2) Work under this Agreement will commence with
attendance at a formal Construction Conference
by the LPA and the KDOT, unless otherwise
stated elsewhere in.the Agreement or at the
direction of the Construction Engineer/
Construction Coordinator during an informal
Construction Conference. Attendees at a
formal Construction Conference shall include
representatives of KDOT's Area Engineer and
the Construction office (Construction
Engineer/ Construction Coordinator) and the
LPA's Project Engineer/ Project Manager and
such other, repreSentatives as may be
designated by each party to the Agreement.
The KDOT will notify the LPA of the location,
date and time and will make necessary
arrangements for the conference. Topics for
discussion shall include scope of the
Contraqtor's construction operations and
anticipated schedule, review of necessary
staffing by the LPA, lines of communication
and authority, equipment needs, standard
practices of the KDOT, and related subjects.
(3) The LPA shall attend the formal Construction
Conference held between the KDOT, the
Contractor and involved utilities and
agencies, unless otherwise stated elsewhere in
the Agreement.
(4) The LPA shall have KDOT Certified Project
Inspector(s) of the appropriate classification
on the project or plant site at all times when
work which requires inspection is being
performed. The inability of the LPA to
provide appropriately certified inspectors for
a project may, at the Secretary's discretion,
give cause for termination of this Agreement.
(5) The Agreement shall be considered completed
upon final payment, and notice of written
release from KDOT therefor unless previously
terminated as provided in Section IIC.
(6) Should the KDOT deem it necessary for the LPA
to render additional services for review of
contract items, conditions, claims or
litigation matters after completion of the
Agreement, the LPA agrees to cooperate and
render such requested services. Such services
shall be paid for in the amount and manner
mutually agreed upon by the KDOT and the LPA.
(7) A Close-Out Conference may be held upon
completion of this Agreement to evaluate the
performance of the LPA. Attendees shall
include the Field Engineer, representatives of
the construction office (including
Construction Engineer/ Construction
coordinator) and LPA's Project Engineer/
Project Manager and such other representatives
as may be designated by each party to the
Agreement. The KDOT will notify the LPA of
the .location, date and time and will make
necessary ~arrangements for the conference.
The .evaluation.shall consider the quality of
the LPA's'work, adequacy of staffing, extent
of corrections, cooperation and related
subjects.
B. DELAYS AND EXTENSIONS
(1) Delays ~aused through no fault of the LPA 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 LPA and when necessary,
approval has been given by the FHWA. Approved
time extensions may also be cause for
consideration of adjustments in payment, where
warranted and approved by the KDOT.
C. TERMINATION OF AGREEMENTS
(1) .The right is reserved by the KDOT to terminate
all or part of this Agreement at any time upon
written notice to the LPA. Such notice shall
be sent not less than ten (10) days in advance
of the termination date stated in the notice.
(2) The LPA may terminate this Agreement, in the
event of substantial failure of other parties
to perform in accordance with t~e terms
hereof, upon ten (10) days written notice in
advance of the effective date of such
termination received all parties to this
Agreement.
(3) In the event the Agreement is terminated by
the KDOT without fault on the part of the LPA,
the LPA shall be paid for the work performed
or services -~ndered under the Basis of
Payment deters.. ~d for the Agreement.
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(4) In the event the services of the LPA 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 LPA, the LPA shall be paid the
reasonable value of the work performed or
services rendered and delivered to the KDOT up
to the time of termination. The value of the
work performed and services rendered and
delivered will be determined by the KDOT.
D. SUBLETTING OR'ASSIGNMENT~OF CONTRACT
(1) The LPA shall not Sublet or assign, outside of
the LPA's departments, all or any part of the
work under this Agreement without the prior
written approval of the KDOT. Consent by the
KDOT t~ assign, sublet or otherwise dispose of
any portion of the Agreement shall not be
construed to relieve the LPA of any
responsibility for the fulfillment of the
Agreement.
(2) All the applicable terms of this Agreement
remain in force and are a condition to any
work approved to be sublet or assigned.
Specific reference is made to Nondiscrimina-
tion and Equal Employment Opportunity, as
applicable to the subcontract.
III. BASIS OF PAYMENT
A. GENERAL
(1) For the completed and approved (by KDOT
District) work or services rendered under this
Agreement, the LPA will be paid the supported
actual costs by the KDOT the total -of which
shall not exceed the Agreement Estimate as set
forth in the Special Construction Provisions
(Special Attachment). Extra Work if any,
shall be compensated as set forth in an
approved supplement to this Agreement covering
such work. Extra work will be paid for
separately and in addition to the Agreement
Estimate. Such payment shall be full
compensation for work performed or servies
rendered and for all labor, material,
supplies, equipment and incidentals necessary
to complete the work.
(2) Should the Agreement contain more than one
construction Project, any and all invoices and
the final statement shall itemize charges by
individual Project.
-- O --
(3) The LPA may submit invoices to the KDOT, not
more often than once per month during the
progress of the work, for partial payment on
account for the approved work completed to
date by the LPA. The Secretary's Bureau of
Fiscal Services will review the voucher and
issue a warrant to the LPA for ninety-five
(95) percent of approved or eligible actual
costs vouchered the Secretary (not to exceed
ninety-five (95) percent of the maximum of the
~ Federal-aid share of the Agreement estimate).
B. FINAL PAYMENT TO GOVERNMENTAL ENTITIES
(1) The final claim should be transmitted to the
Bureau of Fiscal Services through normal
channels and include a statement that all
conditions have been met for final payment.
(2) When this claim, submitted on the payment
voucher, has been audited 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, the Secretary will issue
the LPA a warrant for that portion of the
eligible additional five (5) percent of the
voucher ('up to the maximum of the federal
share of the Agreement estimate and as allowed
by provisions of State Law).
(3) It is the policy of the Kansas Department of
Transportation to make final payments to a
Governmental Entity for services related to
the Highway Program in a timely manner. The
Single Audit Standards set forth in Federal
O.M.B. Circular A-128, "Audits of State and
Local Governments" and in 49 C.F.R. 18
(Common Rule), require that an ~udit be
performed by an independent, certified public
accountant in acoordance with those standards.
- 9 -
KDOT may pay the final amount due for the
authorized work performed based upon the
Governmental Entity's most recent Single Audit
Report available and a desk review of the
claim by the Contract Audit Section of the
Bureau of Fiscal Services. The Governmental
Entity, by acceptance of this agreement,
acknowledges that the final payment is subject
to all single audits which cover the time
period of the expenses being claimed for
reimbursement. The KDOT and the Governmental
Entity agree that as the Single'Audit Report
becomes available for the reimbursement period
(normally should occur within a perod of 1-2
years), that the KDOT will review the Single
Audit Report for items which are declared as
not eligible for reimbursement. The
Govermental Entity agrees that if payment has
been mad~ to the Governmental Entity for items
subsequently found to be not eligible for
reimbursement by audit, that the Governmental
Entity will refund to the KDOT the total
amount of monies paid for same.
IV. WORK ORDERS, EXTRA WORK, OR DECREASED WORK
(1) Written orders regarding the work will be
given by the KDOT. Orders that do not change
the scope of work in the Agreement, but
increase or decrease the quantity of labor or
materials or the expense of the work, shall
not annul or void this Agreement.~
(2) The LPA must proceed with the work as directed
by furnishing the necessary labor, equipment,
materials and professional services to
complete the work within the time limits
specified in schedules or as adjusted by
agreement of the parties.
(3) If in the LPA's opinion such orders involve
work not included in the terms or scope of
this Agreement, the LPA must notify the KDOT
in writing of this opinion if extra
compensation is desired.
(4) If in the LPA's opinion such orders would
require the discarding or redoing of work
which was based upon earlier direction or
approvals, the LPA must notify the KDOT in
writing of this opinion, and that if extra
compensation is desired.
(5) Such notification shall include the
justification for the claim for extra
compensation and the estimated amount of
additional fee requested.
(6) The KDOT will review the LPA's submittal and,
if acceptable, approve a supplement to this
Agreement. Work may only proceed upon
authorization by the KDOT, which will be
followed up with the execution of the
supplemental agreement.
V. MISCELLANEOUS PROVISIONS
A. CONSTRUCTION ENGINEERING STANDARDS
(1) Ail work under this Agreement shall be
performed in accordance with the current
standard practices of the KDOT as contained in
the Specifications, Special Provisions,
Manuals, guides and written instructions of
the KDOT.
(2) No variations will be permitted except by
written\order from the KDOT.
B. REVISION OF SPECIFICATIONS AND PLANS
(1) The KDOT may, by written notice and without
invalidating this Agreement, require changes
in the Specifications, Construction Contract,
Plans or Special Provisions resulting in the
revision or abandonment of work already
performed by the LPA or resulting in work by
the LPA not contemplated in the Agreement.
(2) Claims by the LPA for compensation for work
resulting from such revisions shall be
submitted and processed in accordance with
Section IV of this Agreement.
C. OWNERSHIP OF DOCUMENTS
(1) Upon completion or termination of this
Agreement all plans, Manuals, Contract
Documents, guides, written instructions,
unused forms and recordkeeping books, and
other written data and information furnished
to. the LPA by the KDOT for the performance of
the Agreement, and all survey notes, diaries,
reports, records and other information and
data collected or prepared by the LPA in the
performance of this Agreement shall be
properly arranged and delivered to the KDOT,
and shall become the property of the KDOT.
(2) Documents collected or prepared by the LPA in
the performance of this contract may be used
without restriction by the KDOT for any public
purpose. Any such use shall be without
compensation to the LPA.
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D. CONTINGENT FEES
(1) The LPA warrants that they have not employed
or retained any company or person, other than
a bonafide employee working solely for the LPA
to secure this Agreement, and that they have
not paid or agreed to pay any company or
person, any fee, commission, percentage,
brokerage fee, gift, or any other
consideration, contingent upon or resulting
. . from the award or making of this Agreement.
For breach or violation of this warranty the
KDOT shall have the right to annul this
Agreement without liability.
E. AGREEMENT ITEMS
(1) It is ~lso 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) 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
(1) The LPA and subcontractors if any, agree to
maintain for inspection by the KDOT and the
FHWA all books, documents, papers, accounting
records and other evidence pertaining to all
costs incurred under this Agreement and to
make such materials available at their
respective offices at all reasonable times
during.the life of the Agreement and for three
(3) years from the date of the finat federal
payment to KDOT under the Agreement, and to
furnish copies thereof if requested.
(2) If more than a nominal number of copies are
requested, the additional copies shall be
furnished at the expense of the requesting
agency.
(3) The LPA will maintain these materials at the
appropriate LPA offices.
G. LEGAL RELATIONS
(1) The LPA shall become familiar with, and shall
at all times observe and comply with, all
applicable federal, state, and local laws,
ordinances and regulations.
(2) The LPA shall be responsible for any and all
damages to property or persons arising out of
error, omission and/or negligent act in the
LPA's performance of the work under this
Agreement.
WORKER'S COMPENSATION
(1) The LPA will elect to come within the
provisions of the Worker's Compensation Act
(K.S.A. 44-505) for all work to be done on
said Project and will Provide such Worker's
Compensation Insurance as shall be required by
the Commissioner of Worker's Compensation.
I. ERRORS AND OMISSIONS
(1) The LPA shall be responsible for the accuracy
of the work performed by the LPA under the
Agreement, and shall promptlY make necessary
revisions or corrections resulting from their'
negligent acts, errors or omissions without
additional compensation.
(2) The LPA shall give immediate attention to
these revisions or corrections to prevent or
minimize delay to the Contractor.
(3) The LPA shall be responsible for any damages
incurred as a result of their errors,
omissions or negligent acts and for any losses
or costs to repair or remedy construction.
J. CONFLICT OF INTEREST -
(1) The LPA warrants they have no public or
private interest, and shall not acquire
directly or indirectly any such interest,
which would conflict in any manner with the
performance of the work under the Agreement.
(2) The LPA will not, without written permission
from KDOT, engage the services of any
person(s) in the employment of the KDOT for
any work required by the term of this
Agreement.
K. HOLD HARMLESS CLAUSE
(1) The LPA hereby expressly agrees to. save the
Secretary and. the Secretary's authorized
representatives harmless from any and all
costs, liabilities, expenses, suits, judp~ents
and damages to persons or property cau~e~ by
the LPA, it's agents, employees-- or
subcontractors which may result from acts,
errors, mistakes or omissions from the LPA's
operation in connection with the services to
be performed hereunder.
L. THIRD PA~TY BENEFICIARY
(1) It is expressly agreed that no third party
beneficiaries are intended to be created by
this agreement, nor do the parties herein
authorize anyone not a party to this agreement
to maintain a suit for damages pursuant to the
terms or provisions of this agreement.
IN WITNESS WHEREOF: The parties hereto have caused this
Agreement to be signed by their duly authorized officers. It is
further understood that this Agreement and all other Agreements
entered into under the provisions of this Agreement shall be
binding upon the parties to this agreement and their successors in
office.
RECOMMENDED FOR APPROVAL: APPROPRIATE LOCAL OFFICIAL:
City/County Engineer Mayor/Chairman of Board
of County Commissioners
ATTEST:
Member
City/County Clerk Member
SECRETARY OF TRANSPORTATION
By:
TITLE:
INDEX OF ATTACHMENTS
Special Attachment No. 1 Specific Construction Provisions
Special Attachment No. 2 Civil Ri~lats Act of 1964
Rehabilitation Act of 1973
Americans With Disabilities Act of 1990
Age Discrimination Act of 1975
Special Attachment No. 3 Listing of KDOT Certified Inspectors
Special Attachment No. 4 Contractural Provisions Attachment
Special Attachment No. 5 Estimate of Engineering Fee
Sheet 1 of 6
SPECIAL ATTACHMENT NO. 1
SPECIFIC CONSTRUCTION PROVISIONS
I. SCOPE OF SERVICES
A. SERVICES TO BE PERFORMED BY THE LPA
The LPA agrees to:
(1) Attend all conferences designated by the KDOT, or · required under the terms of the Agreement.
(2) Designate a Project Engineer/Project Manager who
shall meet KDOTts certification policy and report
and transmit project activity documents to KDOT's
Construction Office.
(3) Assign a sufficient number of KDOT Certified
Inspector(s)\of the appropriate classifications to
the Project to perform the services required under
the Agreement, in a timely manner to avoid delay to
the Contractor.
(4) Become familiar with the standard practices of the
KDOT, the Contract Documents (Specifications,
Construction Contract Proposal, Special Provisions,
and Plans), and the Contractor's proposed schedule
of operations prior to beginning field work under
the Agreement.
(5) Perform the LPA's field operations in accordance
with accepted safety practices.
(6) Furnish all equipment required to accomplish the
LPA's work, and to check or test it prior to use on
the Project.
(7) Provide for LPA personnel such transportation,
supplies, materials and incidentals as are needed
to accommplish the services required under the
Agreement.
(8) Undertake the following:
Transmit orders from the KDOT to the Contractor and
provide guidance in the proper interpretation of
the Specifications and Plans.
Perform or provide construction surveys, staking,
and measurements needed by the Contractor (unless
provided for in where contractor construction
staking is to be performed as a bid item by the
Contractor) and perform measurements and surveys
that are involved in the determination of final pay
quantities.
Sheet 2 of 6
Inspect all phases of construction operations to
determine the Contractor's compliance with the
Contract Documents and to reject such work and
materials which do not comply with Contract Docu-
ments until any questions at issue can be referred
to and decided by the KDOT Field Engineer.
Take field samples and/or test materials to be
incorporated in the work, and reject those not
meeting the provisions of the Contract Documents
until any questions at issue can be referred to and
be decided by the KDOT Field Engineer.
Make certain that test report records or certifi-
cates of compliance for materials tested off the
Project site and required, prior to the incorpora-
tion in the work, have been received.
Keep such dai~y diaries, logs and records as are
needed for ~ domplete record of the Contractor's
progress.
Measure and compute all materials incorporated in
the work and items of work completed, and maintain
an item account record.
Provide measurement and computation of pay items.
Prepare and submit, or assist in preparing, such
periodic, intermediate and final reports and
records as may be required by the KDOT and as are
applicable to the Project, which may include:
a. Progress Reports
b. Weekly statement of working days
c. Notice of change in construction status
d. Report of field inspection of material
e. Test report record
f. Contractor pay estimates
g. Pile driving data
h. Piling record
i. Final certification of materials
j. Explanation of quantity variation
k. State of contract time
1. Other records and reports as required by the
Project
Review, or assist in reviewing and preparing of
documents, all Contractor submittals of records and
reports required by the KDOT and as are applicable
to the Project to assure the Project is constructed
in accordance with Federal and State requirements
and which may include:
a. Request for partial and final payment
b. Other reports and records as required by the
individual Project.
Sheet 3 of 6
(9) Prepare and submit, if desired by the LPA, partial
payment invoices for services rendered by the LPA,
but not to exceed one submittal per month.
(10) Collect, properly label or identify, and deliver to
the KDOT all original diaries, logs, notebooks,
accounts, records, reports and other documents
prepared by the LPA in the performance of the
Agreement, upon completion or termination of the
Agreement.
(11) Return, upon completion or termination of the
Agreement, all Manuals, Contract Documents, guides,
written instructions, unused forms and record
keeping books, and other documents and materials
furnished by the KDOT. The LPA shall be respon-
sible for replacing lost documents or materials at
the price determined by the KDOT.
(12) Prepare and\ submit a certification of~ project
completion.
(13) Prepare and submit a final payment voucher for
services rendered by the LPA.
(14) Prepare and deliver (when Project is complete) one
copy of major changes to the plans (by letter) to
the KDOT. The letter should contain such items as
the following:
a. Earthwork and Culverts 1. A revised list of bench marks
2. Location of gov. bench marks
3. Major changes in alignment
4. Major changes in grade line
5. Established references on cornerstones
6. Major changes in location of drainage
structures
7. Major changes in flow line of drainage
structures
8. Drainage structures added or deleted
9. Any change of access control
b. Bridqes 1. Changes in stationing
2. Changes in type, size or elevation of
footings
3. Changes in grade line
B. BERVICES TO BE PROVIDED BY THE BECRETARY
(1) The Secretary agrees to:
a. Make available to the LPA 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 LPA to perform the
work under this Agreement, for the Project to
the same standards required of KDOT's person-
Sheet 4 of 6
b. Provide for the use of the LPA a sufficient
supply of the blank diaries, logs, record
keeping books and reporting forms considered
by the KDOT to be necessary for the LPA to
perform the work under this Agreement to the
same standards required of the KDOT's person-
nel.
c. Provide space in the field office and field
laboratory furnished by the Contractor under
the terms of the Construction Contract Pro-
posal, for the occupancy and use of the LPA
until completion of the construction work.
d. Perform or provide for laboratory testing of
materials requiring off-site testing facili-
ties, and obtain test reports or certificates
of compliance thereof.
e. Perform. ~11 necessary weld inspection when
there is welding for bridge beam connections
and splices, and for sign supports. This
includes all cross frames, diaphraqm connec-
tions, and stud welding.
f. Designate a Construction Engineer/Construction
Coordinator in the Construction Office with
the duties and responsibilities set forth in
Section IC of the General Construction Provi-
sions of the Agreement.
g. Provide, through the Field Engineer and the
District Staff, such assistance and guidance
to the LPA as may be reasonably necessary to
perform and complete the Agreement in confor-
mance with standard construction engineering
practices of the KDOT.
(2) The KDOT reserves the right to assign and charge to
the Project such KDOT personnel as may be needed.
II. PROSECUTION AND PROGRESS
A. It is anticipated work under the construction contract
will start in 1995, and be completed by 1996.
B. The LPA shall complete all services to be rendered under
this Agreement no later than two months after completion
of Project construction. Failure to comply may result
in disqualification of the LPA's Project Engi-
neer/Project Manager or Chief Inspector until proper
documentation is submitted and accepted.
Sheet 5 of 6
III. BASIS OF PAYMENT
A. Compensation for work provided by the LPA under the
terms of the Agreement shall be the incurred and reim-
bursable actual costs to the LPA not to exceed the
Agreement Estimate and as allowed by State Law and the
Federal Share which will be limited to the applicable
Federal-aid cost sharing formulae and availability of
Federal-aid funds for engineering services.
B. Reimbursement for costs will be limited to those which
are allowable under the Code of Federal Regulations
(CFR) Title.23 and Title 48, Chapter 1 and the Federal-
aid Highway Program Manual, Volume 1, Chapter 7, Section
2, except to the extent the provisions of that subpart
are clearly inappropriate to the Agreement.
C. The estimated hourly equipment and labor costs and
Project estimates are included as special attach-
ments. \
(1) Labor and fringe benefits will be charged at the
LPA's actual cost. If an employee is paid monthly,
his hourly rate will be computed by dividing his
salary by the hours per month that he works.
(2) Equipment rental rates shall be KDOT's actual
operating costs (excluding depreciation) of equip-
ment used for the project.
(3) Materials will be estimated at the prices of the
low quotes (when necessary) and paid for at invoice
prices. (Copy of invoices to be furnished to the
Secretary's Construction Engineer/Construction
Coordinator).
D. After completion of the Project, the LPA will furnish
the Construction Engineer/Construction Coordinator with
seven (7) certified itemized statements of the actual
cost of construction engineering force account work
detailed as follows:
Labor: The total hours, rates and
extension for each classifica-
tion.
Equipment: The total hours, KDOT's rates
and extension for each unit of
machinery and equipment.
Materials: The quantities of materials,
prices and extensions.
Transportation: Cost of delivery of materials,
if any.
Sheet 6 of 6
Miscellaneous: Cost of property damage, liab-
ility and worker's compensation
insurance premiums; unemploy-
ment insurance contributions,
social security, health and
retirement payments, and/or
other eligible Project related
costs. Administrative costs
are not eligible for reimburse-
ment.
The statements shall be accompanied and supported by
invoices for all materials used and transportation
charges. However, if materials used for this Projec~
are not specifically purchased for such work, but are
taken from the LPA's stock, inventory records must
support quantities and prices for materials from stock
used for this Project.
The Secretary s~all reserve the right to approve or
disapprove the LPA's submitted claims for equipment
actual operating cost.
E. The Agreement Estimate of $8,251.26. has been agreed
upon as the upper limit for compensation. It is
intended as nearly as can be estimated to cover only
actual costs and was agreed upon in order that the
Secretary', as agent for said LPA, might permit the LPA
to do such work as set forth in the Contract Documents,
provided, however that if extra work has been authorized
it will be reimbursed as per terms of the supplemental
agreement(s).
IV. MISCELLANEOUS PROVISIONS
A. AUTHORIZED REPRESENTATIVES
(1) The Field Engineer for the KDOT will be Mr. Randy
West,P.E., whose work. address is P.O. Box 147,
Ellsworth, Kansas 67439-0147 and work teleph6ne is
913-472-4447.
(2) The Project Engineer/Project Manager for the LPA
will be Mr. Barry Hummel, Certification Number 72
(expiration date is June 10, 1996), whose work
address is 300 West Ash Street, Salina, Kansas
67401 and work telephone is 913-826-7290.
(3) The Chief Inspector for the LPA will be Mr. David
Klanke, Certification Number 304 (expiration date
is March 31, 1996), whose work address is 300 West
Ash Street, Salina, Kansas 67401 and work telephone
is 913-826-7290.
B. ACCESS TO RECORDS
('1) Ail documents and evidence pertaining to costs
incurred under this Agreement will be available for
inspection during normal business hours in the
LPA's office, for a period of three (3) years
following final Agreement payment.
Special Attachment No. 2
Sheet 1 of 2
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 wi.th provisions of the Document
to which it is attached, this Special Attachment shall govern.
THE CIVIL RIGHTS ACT OF 1964
REHABII.ITATION ACT OF 1973
AMERICANS WITH DISABII.ITIES ACT OF 1990
AGE DISCRIMINATION ACT OF 1975
NOTIFICATION
The Secretary of Transportation for the State of Kansas, in accordance with theprovisions
of Title VI and Title VII of the Civil Rights Act of 1964 (78 Stat. 252), § 504 of the
Rehabilitation Act of 1973 (87 Stat. 355) and the Americans with Disabilities Act of 1990
(42 USC 12101), the Age Di~crlmination Act of 1975 (42 C.F.R., Part 21, 23 and 27), issued
pursuant to such Act, hereb}, notifies all contracting parties that, the contracting parties will
affirmatively insure that th~s contract will be implemented without disc. rimination on the
grounds of race, religion, color, l~ender, age, disability, or national origin, as more
specifically set out in the following e~ght "Nondiscrimination Clauses".
CLARIFICATION
Where the term "consultant" appears in the following seven "Nondiscrimination Clauses",
the term #consultanff 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's"), agrees as follows:
(1) Compliance with Regulations: The consultant ~ comply wi~ the. R.egul.atio .ns
of the U.S. Department of Transportation relative to nondiscr~mmaUon .m
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.
(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,
or national origin 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 prohib, ited .by
Section 21.5 of the Regulations, including employment practtces when me
contract covers a program set forth in Appendix B of the Regulations.
Special Attachment No. 2 "
Sheet 2 of 2
(3) Solicitations for Subcontractors, Including' Procurements of Materials and
Equipment: In all solicitations either competittve bidding or negotiation made by the
consultant for work to be performed under a subcontract including procurements of
materials or equipment, each potential subcontractor or supplier shall be notified by
the consultant of the consultant's obligation under this contract and the Regulations
relative to nondiscrimination on the grounds of race, religion, color, gender, age, dis-
.. ability, or national origin.
(4) Information and Reports: The consultant will provide all information and .~i~.
reports required by the Regulations, or orders and instructions issued pursuant
thereto, and the Secretary of Transportation of the State of Kansas will be permitted -~.
access to the consultant's books, records, accounts, other sources of information, and '"
facilities as may be determined by the Secretary of Transportation of the State of
Kansas to be pertinent to ascertain compliance with such Regulations, orders and
instructions. Where any information required of a consultant is in the exclusive pos-
session of another who fails or refuses to furnish this information, the consultant shall
so certify to the Secretary of XTransportation of the State of Kamas and shall set forth
what efforts it has made to obtain the information.
(5) Employment: The consultant will not discriminate against any em, l?.looyee or
applicant for employment because of race, religion, color, gender, age, disability, or
national origin.
(6) Sanctions for Noncompliance: In the event of the consultant's noncompliance with
the nondiscrimination provisions of this contract, the Secretary of Transportation of
the State of Kansas shall impose such contract sanctions as the Secretary of Transpor-
tation of the State of Kansas may determine to be appropriate, including, but not lim-
ited to,
(a) withholding of payments to the consultant under the contract until the .:
contractor comphes, and/or ..~
(b) cancellation, termination or suspension of the contract, in whole or in part. ~::
(7) Disadvantaged Business Obligation
(a) Disadvantaged Businesses as defined in the Regulations, shall have the
maximum oppommity to participate in the performance of contracts financed
in whole or m part with Federal funds under this contract.
(b) All necessary and reasonable steps shall be taken in accordance with the Regu-
lations to ensure that Disadvantaged Businesses have the maximum
opportunity to compete for and perform contracts. No person(s) shall be
discriminated against on the basis of race, religion, color, gender, age, disability
or national origin in the award and performance of Federally-assisted
contracts.
(8) 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 pursu-
ant 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 ~s threatened with,
litigation with a subcontractor or supplier as a result of such direction, the consultant
may request the State to enter such litigation to protect the interests of the State.
(Revised 8-30-93)
Sheet
Special Attachment No. 3
Listing of KDOT Certified Inspectors
The following list of· KDOT Certified InsPectors are available to perfo~m
the inspection on this project when required.
Name Level of Certification Certification No. Expir. Date
1. Bart7 J Hummel II AC 72 5/10/96
2. David Klanke II AC 304 3/31/96
4.
S.
7.
8.
9.
10.
13.
1S.
16.
17.
18.
20.
21.
22.
23.
24.
SPECIAL ATTACHMENT NO. 4
~'~ ~ ~ Sheet 1 of ]Agency. No. Contract No.
, ~panme~ m Ad~mL~'a~on
~.,.,~. ,~.~,,, CO~RA~UAL PRO~SIONS A~ACHME~
[m~ant: ~s fo~ conmi~ mandato~ con~ p~ions and must ~ attached to or ~co~t~ ~ aH copi~ of any
con~ a~ment. ~ it ~ atoned to ~e vendor/~n~a~oFs stan~rd ~n~ fo~. ~en ~t fo~ m~t ~ ~te~
to cont~ ~e follo~ng pm~sion:
~e p~om ~und ~ Con~ ~iom A~a~ment (fo~ DA-I~). w~ch is a.a~ed he~. ~ h~by
~t~ ~ t~ con~ and ~de a ~ he~.
~e pa~ a~ t~t ~e foUo~ng p~sions ~ he.by ~~t~ ~to the ~n~ to w~ch it ~ a,a~ ~d made a pa~ the~f.
said con~ ~ng ~e ~ day of ,19
I. ~ ~ CO--OLeG PRO.IONS
It ~ ~y a~ ~t ~e t~a'u~ o~ ea~ ~d ~ ~o~ ~ ~ a~ent ~ p~ and ~n~l ov~e t~ ~ any ~
p~ ~ ~y ~ d~nt ~g to ~d a ~ of ~e ~n~ ~ w~ ~ a~ent ~ ~t~.
AG~~ ~ ~NSAS LAW
AH ~~ a~ ~ ~ su~ ~, ~ by, ~d ~ a~g to ~e ~ws of ~e S~te of ~
3. ~A~ON D~ TO LA~ OF ~G AP~OP~A~ON
If, ~ ~e ~d~t ~ ~ ~r of A~m ~d ~ ~~t ~ A~6o~ su~dent ~ ~ n~ ap~
~on ~ ~ ~ a~t ~d ~r ~e ~t o~ ~e ~ h~nd~, S~ ~y te~te ~ a~m~t at ~ ~d of
~ ye~. S~te a~ m ~ve ~ ~ of t~~ to ~ at least ~ ~ ~ to the ~d of i~ ~,,t ~ ~, ~d
su~ ~ ~r a ~t~ ~ p~or to ~ ~d of su~ ~ ye~ ~ ~y ~ p~d~ ~ ~ con~ ~ ~t s~ ~
~ p~or ~ ~ ~ ~o~ ~e ~d of su~ ~ ye~. Con~r ~ ~ve ~e ~L at ~e end of su~ ~ ~, ~ ~ ~ of
any ~pm~t p~d~ State und~ ~e ~n~. S~te ~ ~y to ~e ~or ~ ~ con~ ~m ~ ~ ~e md of
su~ ~ ye~, pl~ ~n~ ~ ~den~ to ~e ~ of ~y su~ ~pm~c U~n t~on of ~e a~ ~ S~, ~e
~y ~ ~pm~t s~H ~ to tone,or at ~e end of S~te's ~t ~ y~. ~ t~on of ~e ~n~ ~ to ~ ~ph
s~ n~ ~ ~y ~ to ~ ~ to ~e age~ or ~e con~.
4. DIS~A~ER OF LIAB~
N~er ~e State of ~ nor any agen~ ther~f shah hold ~s or ~de~ any con~or ~yond t~t ~b~ ~ under ~e
~s To~ C~ A~ (~.A. 7~101 ~ ~.).
5. A~-D~A~ON ~AUSE
~e tone,or a~: (a} m comply ~ the ~ A~ A~t ~~on (~.A. ~1~I ~ ~.) and ~e ~ A~ ~~
~plo~ent A~ (~S.A. ~1111 ~.) ~d the app~cable p~iom of ~e Ame~ Wi~ ~bffi~ A~ (~ U.S.C. 12101 ~.) (ADA} ~d
to not ~te a~t any ~n ~u~ of ~, ~o~ ~lor, ~ ~, ~o~ ofi~ or ancot, or age ~ ~e a~ion ~ a~
to, or ~a~t ~ emplo~ent ~ im p~ or a~ ~) to ~ude ~ ~ ~H~o~ or adve~men~ for ~p~, ~e p~ '~1
op~ empl~"; (c) to ~mply ~ the ~g ~men~ ~ out at ~.A. ~1~1 and ~.A. ~1116; (d) to ~u& ~m
~ ~ su~n~ ~ p~ order ~ t~t ~ey ~ ~g u~ su~ su~on~ ~ v~do~ (e) t~t a f~ m ~ply ~ ~e
r~ments of (c) a~ve or ~ the con~a~or is found ~ of any ~o~on of su~ a~ by ~e ~s Human ~ts Co~io~ su~ ~o~on
s~H ~ns~mte a b~ach of con~ and the con~ may be ~ncel~, te~ted or s~nd~, ~ whole or in pa~. by ~e coning s~te
agen~ or the ~s Depa~ent of A~6on; (0 ~ it ~ d~e~ed ~at ~e con~or has ~olated applicable p~io~ of ~e ADA, such
~o~on shah com~te a b~ach of con~ and the con~ may ~ on,led, te~at~ or suspendS, ~ whole or ~ ~, by the ~n~g
state agen~ or the ~ Depa~ent of A~a~on.
P~ to t~ con~ ~d~mnd t~t the p~iom of t~ p~ph n~r 5 (~ ~e ~p6on of ~ p~ ~g to ~e ADA)
a~ not app~ble to a con~or who emplo~ fewer ~n fo~ empioy~ d~g ~e te~ of su~ con~ or wh~ ~n~ ~ ~e
~n~g state ag~ ~u~vely t~l $5,~ or 1~ d~g ~e ~ ~ of su~ a~.
6. AC~AN~ OF
~ con~ s~ll not be considered ac~pted, app~ved or oth~ eff~ve un~ the s~mto~ly r~ed app~ ~d ce~6~o~ ~ve
b~n ~ven.
7. ARB~A~ON~ DAMAGES~ WA~A~ES
No~t~tan~ng any ~n~age to the contras, no ~te~on s~H ~ allowed to ~d ~e State or any agen~ their ~ a~ to b~g
a~i~on, or the pa~ent of ~mag~ or penal~ u~n the ~en~ of a ~n~gen~. F~her. the State of ~ s~H not a~ to pay
a,omey fe~ and late ~ent cha~ ~ond th~ ava~ble under the ~s P~mpt Pa~ent A~ (~S.A. ~), ~d ~ p~on
~ ~ven eff~ which a,empts to exclude, m~, ~ or othe~ a~empt to ~t ~p~ed wa~an~ of me~nta~ and ~ for
a papular pu~e.
8. REPRESE~A~'S A~O~ TO CO~RA~
By si~ing this d~ment, the repr~ntative of the con~a~ thereby ~pr~ents that su~ pe~n is duly authored by the con~a~or to ex--re
t~ d~ment on ~lf of the con~a~or and that the con~or &~ to be ~und by the pro~sions ther~f.
9. RESPONSIBILI~ FOR TAXES
The State ot ~n~s shall not be r~nsible for, nor indemni~ a contra~or for. any federal, state or l~al taxes which may be imbed or l~ed
upon the subj~t matter of this contract.
I0. INSURANCE
The State o~ Kan~s shall not ~ required to purchase, any insurance against loss or damage to any personal prope,y to which this con~a~ relates,
nor shall th~ contact require the State to establish a 'self-insurance' ~nd to profit aga~t any such loss or damage. Subje~ to the pro~sions
o~ the Kansas 'Fort Claims Act (K.S.A. 75-6101 ~ ~.), the vendor or lessor shall bear the ~sk of any loss or damage to any personal property
in which vendor or lessor ~olds title.
11. INFORMATION
~'~ ~-~,.~i~.c ~ ,~;~ , .... ,~ ~ ~ ~n~t~ ~ Hmi6n~ the Le~sla6ve Oivision of Dost Audit &om ~avin~ access to information pu~uant
SPECIAL ATTACHMENT NO. 5
Project No. 85 TE-0038-01
Bike Path on Levee
City of Salina, Kansas
Supporting Data Sheet
For
Estimate Of Engineering Fee
A. Direct Payroll
Contract Administration
\
\ Est. Avg.
Work Type Employee Hours Salary Extension
1.Initial Paperwork & Meetings
a.) Engineering Field Inspector 40 @ $12.90 = $ 516.00
b.) Engineering Technician II 20 @ $15.52 = $ 310.40
2. Field Inspection Daily
Contract Documents
a.) Engineering Field Inspector 100 @ $12.90 = $1,290.00
b.) Engineering Technician II 35 @ $15.52 = $ 543.20
3. On-Site Testing
a.) Engineering Field Inspector 80 @ $12.90 = $1,032.00
b.) Engineering Technician II 35 @ $15.52 = $ 543.20
4. Final Paperwork
a.) Engineering Field Inspector 80 @ $12.90 = $1,032.00
b.) Engineering Technician II 40 @ $15.52 = $ 620.80
Summary of Total Direct Payroll Costs
a.) Engineering Field Inspector 300 @ $12.90 = $3,870.00
b.) Engineering Technician II 130 @ $15.52 = $2,017.60
Total Direct Payroll Costs: $5,887.60
SPECIAL ATTACHMENT NO. $
Page 2
Project No. 85 TE-0038-01
B. Salary Related Benefits, etc.
a.) Engineering Field Inspector 35.0% X 3,870.00 = $1,354.50
b) Technician II 35.0% X 2 017 60.= $ 706 16
Sub-Total: $2,060.66
C. Total Direct Payroll & Benefits (A+B) $7,948.26
D. Direct Expenses (Travel, Postage, etc.)
Mileage (900 @ $0.170) (Compact Pickup $ 153.00
Postage & Telephone 50.00
Testing supplies, etc. 100.00
Total Direct Expenses: $ 303.00
Total Force Account Estimate: $8,251.26