8.2 Agr Centennial Realignment CITY OF SALINA
REQUEST FOR COMMISSION ACTION ~ TIME
4:00 P,M.
£1/LUI~D ........
AGENDA SECTION: ORIGINATING DEPARTMENT: ~APPROVED FOR
NO. 8 AGENDA:
En§±neer±ng & gtil±t±es
ITEM
NO. 2
By: ShawnO'Lear~-~ By:,~~/'~
ITEM
Agreement for construction engineering services with Wilson &
Company Engineers and the Kansas Department of Transportation for
the Centennial Road Realignment Project.
BACKGROUND
The current five-year Capital Improvement Program includes the
improvement of Centennial Road from Schilling Road to Crawford
Street. The Centennial Road "S" curve located between General Jim
Road and Derussy Road (adjacent to pre-existing Wastewater
Treatment Plant No. 2) is proposed to be constructed with the
assistance of a KDOT economic development project grant. The grant
was awarded to the city in March, 1993. Bids were received by KDOT
in Topeka on November 15, 1995. Results of the bid letting were
not available at the time of this writing.
The attached three-party agreement for engineering services with
Wilson & Company Engineers of Salina and the Kansas Department of
Transportation provides for the construction engineering services
on the aforementioned project. This "cost plus net fee" agreement
has an upper limit of compensation of $42,337.21.
The grant agreement with KDOT is based upon total project costs of
$460,000. The City's share is 25% or $115,000. The City's share
of the attached agreement is also 25% or an upper limit of
$10,584.30 The project is scheduled to begin construction in
March, 1996 and completion by July, 1996.
RECOMMENDATION
It is recommended that the City Commission approve the three-party
agreement for construction engineering services with Wilson &
Company engineers and the Kansas Department of Transportation.
Resolution Number 95-4948
· 0 (
TREATMENT ~
PLANT 2 "'..
COl{TInCT FOR
FEDEI~.L-AID ROaD CONSTRUCTION
ENGINEERING BY CONSULT~NT
(COST PLUS NET FEE aGREEMENT)
PROJECT NO. 85 U-1469-01.~ 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), as principal, and the consulting
engineering firm of Wilson & Company, hereinafter called the
"Consultant", and the Secretary of Transportation of theState of
Kansas acting by and through the Kansas Department of Transporta-
tion, hereinafter referred to as the "Secretary". The Secretary
acts as agent for the LPA pursuant to authority vested in K.S.A.
68-402b and K.S.A. 68-401 et lseq. and an agreement between them
dated December 14, 1994.. The Consultant's address is 1700 East
Iron, P.O. Box 1640, Salina,_Kansas 67402-1640.
WITNESSETHI
WHEREAS, the FEDERAL GOVERNMENT through its Department of
Transportation and the FHWA, pursuant to Title 23, U.S. Code, has
established a program of Federal-Aid to the States designated as
the Federal-Aid Program, with ageneral purpose to increase the
safety and capacity of roads in the United States, and
WHEREAS, The LPA desires to accomplish this -Federal-Aid
"Project",. consisting of 0.309 miles of Grading and Surfacing in
Salina: Centennial Road; General Jim Road to Derussy Road, with
the aid of funds'provided under Federal-Aid highway programs and
the rules and regulations promulgated by said U.S. Department of
Transportation in the Federal-Aid Highway Program Manual, and
WHEREAS, the LPA has not sufficient qualified engineering
employees to accomplish the Construction Engineering Services on
this Project within a reasonable time and the LPA deems it
advisable and is desirous of engaging the professional services
and assistance of a qualified consulting engineering firm to do
the necessary construction engineering, and
WHEREAS, the Consultant has represented and by entering into
this Agreement now represents, that it is in full compliance with
the statutes of the State of Kansas for registration of
professional engineers and that all personnel to be assigned to
perform the services required under this Agreement are fully
qualified to perform the services in a competent and professional
manner, and
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Revised 3-25-93
WHEREAS, the Consultant has indicated that it desires to
perform the services set forth in the Agreement upon the terms
and conditions set forth below, and
WHEREAS, the approved plans and specifications for said
Project are available in the KDOT Headquarters in Topeka, and
WHE~, the LPA, Consultant, and the Secretary desire to set
forth in this instrument thei~ understanding and agreements
relating to the construction engineering and allocation of costs
for the said Project.
NOW, THEREFORE, in consideration of the covenantS of the
parties and to give this agreement full force and effect in
providing the benefits hereinbefore mentioned,, the parties hereto
mutually agree as follows:
I. SCOPE OF SERVICES
DEFINITIONS
(1~ -The term "LPA" shall mean the City/County and
its authorized employees.
(2) The term "KDOT" shall mean the Kansas Depart-
ment of Transportation and its aUthorized
representatives.
(3) The.term "Consultant" shall mean the!Consult-
ing Engineering Firm and its authorized
employees that will be performing the work
required under this Agreement.
(4) The term "FHWA" shall mean the Federal Highway
Administration and its authorized rmpresent-
atives.
(5) The term "Contractor" shall mean the individ-
ual, partnership, joint ventures, corporation,
or agency undertaking the performance of the
work designated under the terms of the con-
struction contract.
(6) The term "Specifications" shall mean the
current Standard Specifications for Road and
Bridge Construction of the Kansas Department
.of Transportation, as incorporated in the
construction contract specifications and
supplementals thereto.
(7) The term "Construction Contract Proposal"
shall mean the offer of the bidder or contrac-
tor on the Project, on the prescribed form, to
perform the work and to furnish the labor and
materials at the prices quoted.
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(8) The term "Special Provisions" shall mean the
directions or requirements peculiar to a
Project and not otherwise thoroughly or satis-
factorily included in the Specifications, and
which are contained in the Construction Con-
tract Proposal.
(9) The term "Plans" shall mean the approved
plans, profiles, typical cross sections,
working drawings and supplemental drawings, or
exact reproductions thereof, which-show the
location, character, dimensions, and details
of the work to be done by the contractor.
(10) The term "Contract Documents" shall mean the
Specifications, -Construction Contract Pro-
posal, Special Provisions, and Plans, as
defined above.
(11) The term "Manual" shall mean the Construction
Manua~,.the Forms and Documentation Manual and
all other publications of data and information
produced by the KD~T_ for the instruction of
its employees and furnished in bound or col-
lected form.
(12) The term "Field Engineer" shall for the admin-
istrative control of this Agreement be consid-
ered to mean Metro Engineer, Field Engineering
Administrator and/or Area Engineer.
GENERAL RESPONSIBILITIES AND DUTIES
(1) The: Consultant shall perform engineering
services necessary and incidental to the
accomplishment of the Project to the satisfac-
tion of KDOT, and as more fully detailed in
Special Attachment - Specific Construction
Provisions.
(2) The Consultant shall furnish services, labor,
materials, equipment, supplies, and inciden-
tals, other than those hereinafter designated
to be furnished by the KDOT, necessary to
conduct and complete the services.
(3) The services performed under this Agreement
shall at all times be subject to the review
and approval of KDOT.
(4) The Consultant and/or LPA's .principal contact
with the KDOT shall be with the construction
field office.
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(5) The services performed under this Agreement
shall comply with all applicable federal and
state laws and regulations.
(6) The' FHWA shall have the right to participate
in all conferences and reviews.
(7) Compliance with all of the foregoing shall be
considered to be within the purview of this
Agreement and shall not constitute a basis for
additional or extra compensation.
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 Engi-
neer.
(2) The F~eld Engineer will delegate to a con-
struction office the overseeing of the Project
-- where a Construction Engineer/Construction
Coordinator will be assigned to monitor and
coordinate all Project related activity to
assure compliance with applicable Federal and
State requirements of services performed under
this Agreement and all construction activities
performed under the Contract Documents.
(3) The Consultant will designate a Project Engi-
neer/Project Manager and other inspection
personnel that are certified by the KDOT in
the appropriate classification to inspect all
work performed and materials furnished. The
Consultant may designate a Chief Inspector who
will perform the duties and have the responsi-
bilities of the Project Engineer/Project
Manager. The Project Engineer/Project Manager
is not authorized to alter or waive the provi-
sions of the Specifications or the Construc-
tion Contract Proposal. The Project Engi-
neer/Project Manager is not authorized to
issue instructions contrary to the Plans and
Specifications, or to act as foreman for the
Contractor, however, the Project Engi-
neer/Project Manager shall have the authority
to reject work or materials until any ques-
tions, at issue can be referred to and be
decided by the Field Engineer.
The use of non-certified inspector(s) for this
project will be limited to specific work after
demonstrating satisfactory performance and
obtaining written approval by the Field Engi-
neer.
(4) The Project Engineer/Project Manager shall
serve as field supervisor of all Consultant
personnel and services performed under this
Agreement, and to act as liaison between the
Consultant and the KDOT.
(5) The Project Engineer/Project Manager shall
transmit all reports and paperwork to, and
communicate and coordinate with the Construc-
tion 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 Con-
tractor. If in the Absence of the Project
Engineer/Project Manager a matter needs prompt
attention, the Construction Engi-
neer/Construction Coordinator will give the
necessary orders and then notify the Project
Engineer/Project Manager.
(7) In the event of a controversy, the Project
Engineer/Project Manager shall confer with the
Construction Engineer/Construction Coordinator
to determine proper course of action.
In the event the Construction Engi-
neer/Construction Coordinator and ~Project
Engineer/Project Manager ~annot agree the
Construction Engineer/Construction Coordinator
will promptly contact the Field Engineer or
the District Construction Engineer of KDOTwho
will determine the necessary course of action.
(8) The Consultant warrants that it is not cur-
rently under suspension, debarment, voluntary
exclusion, or determination of ineligibility
by any federal agency; has not been suspended,
debarred, voluntarily excluded or determined
ineligible by any federal agency within the
past three years; does not have a proposed
debarment pending; and has not been indicted,
convicted, or had a civil judgement rendered
against (it) by a court of Competent jurisdic-
tion in any manner involving fraud or official
misconduct within the past three years.
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D. AGENCY COORDINATION AND COOPERATION
(1) Contact and-coordination with all affected
local, state and federal agencies, including
th~ FHWA; private consultants and contractors;
the general public; utilities and railroad
companies shall be the responsibility of the
KDOT.
(2) The Consultant shall cooperate fully with the
-. - KDOT; and with local, state and federal
agencies including 'the FHWA, the general
public, utilities, railroad companies, and
private consultants and contractors when so
directed by the KDOT. Such cooperation may
include attendance at conferences.
E. MEETINGS AND CONFERENCES
Conferences, as may be necessary for the
(1) '
discussion and review of the services under
this Agreement, shall_be scheduled between the
Consultant and the KDO~. These conferences
._ may include field review of the Project.
(2)Conferences may be held upon the request of
the Consultant or the KDOT.
PROSECUT 0Nm PRO SS
A. GENERAL
(1) Written aUthority to proceed with the services
on any construction Prgject under this Agree-
ment will be given by the KDOT to the'Consul-
tant. The KDOT will not be responsible for
any services performed by the Consultant.prior
to such authorization or liable for payment
therefore.
(2) Services performed under this Agreement will
commence with attendance at a formal Construc-
tion Conference by the Consultant and the
KDOT, unless otherwise stated elsewhere in the
Agreement or at the direction of the Construc-
tion Engineer/Construction Coordinator during
an informal Construction Conference. Atten-
dees at a formal Construction Conference. shall
include representative of KDOT's Area Engineer
and the Construction office (Construction
Engineer/Construction Coordinator) and Consul-
tant's Project Engineer/Project Manager and
such other representatives as may be desig-
nated by each party to the Agreement. The
KDOT will notify the Consultant of the loca-
tion, date and time and will make necessary
arrangements for the
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conference. Topics for discussion shall
include scope of the Contractor's construction
6perations and anticipated schedule, review of
necessary.staffing by the Consultant, lines of
communication' and authority, equipment needs,
standard practices of the KDOT, and related
subjects.
~ (3) The Consultant shall attend the formal Con-
struction Conference held between the KDOT,
the Contractor and involved utilities and
agencies, unless otherwise stated elsewhere in
the Agreement.
(4) The Consultant shall have KDOT Certified
Inspector(s) of the appropriate classification
on the project or plant site at all times when
work which requires inspection is being per-
formed.' The inability of a Consultant 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 payment, and notice of written~ release
from KDOT therefor unless previously termi-
nated as provided in Section II C.
(6) Should the KDOT deem it necessary for the
Consultant to render additional services for
review of contract items, conditions, claims
or litigation matters after completion of the
Agreement, the Consultant agrees to cooperate
and render such requested services. Such
services shall be paid for in the amount and
manner mutually agreed upon by the KDOT and
the Consultant.
(7) A Close-Out Conference may be held upon com-
pletion of this Agreement to evaluate the
performance of the Consultant.. Attendees
shall include the Field Engineer, represent-
atives of the construction office (including
Construction Engineer/Construction Coordina-
tor) and Consultant's Project Engineer/Project
Manager and such other representatives as may
be designated by each party to the'Agreement.
The KDOT will notify the Consultant of the
location, date and time and will make neces-
sary arrangements for the conference. The
evaluation shall consider the quality of the
Consultant's work, adequacy of staffing,
extent of corrections, cooperation and related
subjects.
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B. DELAYS AND EXTENSIONS
(1) Delays caused through no fault of the Consul-
tant may be cause for extension of time in
completion of the work. Time extensions may
be granted by KDOT upon reasonable claim and
justification by the Consultant and when
necessary, approval has been given by the
FHWA. Approved time extensions may also be
cause for consideration of adjustments in
payment, where warranted and approved by the
KDOT.
C. TERMINATION OF AGREEMENTS
(1) The right is reserved by the KDOT to terminate
all or part of this Agreement at any time upon
w~itten notice to the Consultant. Such notice
shall be sent not less than ten (10) days in
advance of the termination date stated in the
notice.
(2) The Consultant may terminate this Agreement,
in the event of substantial failure of other
parties to perform in accordance with the
terms hereof, upon ten (10) days written
notice in advance of the effective date of
such termination received by all parties to
this Agreement.
(3) In the event the Agreement is terminated by
the KDOT without fault on the part of the
Consultant, the Consultant shall be paid for
the work performed or services rendered under
the Basis of Payment determined for the Agree-
ment.
(4) I~'the event the services of the consultant
are terminated by the'KDOT for fault including
but not limited to: unreasonable delays in
performance; failure to respond to. KDOT
requests; and/or.unsatisfactory performance on
the part of the Consultant, the Consultant
shall be paid the reasonable value of the
services performed or rendered and delivered
to the KDOT up to the time of termination.
The value of the services performed, rendered
and delivered will be determined by the KDOT.
In the~ case of any.dispute as to payment
arising under this Agreement pertinent infor-
mation will be submitted to a Review Committee
for resolution. The Review Committee will be
comprised of a maximum of two (2) represent-
atives from each of the Agreement parties.
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(5) In the event of the death of any member or
partner of the Consultantts firm, the surviv-
ing members shall complete the services,
unless otherwise mutually agreed upon by the
LPA and the KDOT and the survivors, in which
case the Consultant shall be paid as set forth
in Sectio~ ii C(2) above. -
D. ~UBLETTIN~ OR ASSI~RMENT OF CONTP. ACT ~
(1) The Consultant shall not sublet~or assign all
or any part of the services under .this Agree-
ment without the prior written approval of the
KDOT. Consent by the KDOT to assign,~ sublet
or otherwise dispose of any portion of the
Agreement shall not be construed to relieve
the Consultant of any responsibility~for the
fulfillment of the Agreement.
-- (2) All the applicable terms of this Agreement
-- remain in force and are a condition to any
services approved to be sublet or assigned.
Specific reference is made to Nondiscrimina-
tion and Equal Employment Opportunity, as
applicable to the subcontract.
III. B~IS OF PAYMENT
~ENEI~AL
(1) The Consultant will be paid the supported
actual salaries and direct costs, fixed over-
head rate and net'fee by the KDOT for the
completed and approved (by KDOT District)
services rendered under this Agreement on the
basis of and at the Agreement price set forth
in the Special Construction Provisions (Spe-
cial Attachment), and for Extra Work if any,
at the compensation therefore set forth in an
approved supplement to this Agreement covering
such work. The extra work will be paid for
separately and in addition to the foregoing
amount listed in the Special Construction
Provisions (Special Attachment). Payment
shall be full compensation for services per-
formed or rendered and for all labor, mate-
rial, supplies, equipment and incidentals
necessary to complete the work.
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(2) The Consultant will submit to the KDOT
overhead rates for audit within seventy-five
(75) days after completion of the Consultant's
fiscal year. Overhead rates will be audited
and the Consultant will assemble work papers
at their normal place of business.
(3) .The Consultant agrees to use a fixed overhead
;~rate that shall be 145.00% for both the
-Agreement and any supplements to the Agreement
for the purposes of billing the Secretary.
(4)- Should the Agreement contain more than one (1)
construction project, any and all invoices and
the final statement shall itemize charges by
individual project, f-
(5) FinaI payment of any balance due the
Consultant of the ultimate gross amount earned
will.be made pr6mptly upon its verification by
~the KDOT, upon completion of the work under
this Agreement and its acceptance by the KDOT,
and upon receipt of the survey notes, records,
reports, final estimates, record-drawings,
Manuals, Contract Documents, guides, and other
documents required to be returned or to be
furnished under this Agreement.
IV. WORK ORDERSv EXTI~A WORK, OR DECREASED WORK
(1) Written orders regarding the services to_be
performed will be given by .the KDOT. Orders
that do not change the scope of services in
the Agreement, but increase or decrease the
quantity of labor or materials or the expense
of the services, shall not annul or void this
Agreement.
(2) The Consultant must proceed with the services
as directed by furnishing the necessary labor,
equipment, materials and profesional services
to complete the services within the time
limits specified in schedules or as adjusted
by agreement of the parties.
(3) If in the Consultant's opinion such orders
involve services not included in the terms or
scope of this Agreement, the Consultant must
notify the KDOT in writing of this opinion if
extra compensation is desired.
(4) If in the Consultant's opinion such orders
would require the discarding or redoing
of services which was based upon earlier
direction or approvals, the Consultant
must notify the KDOT in writing of this
opinion, and that extra compensation is
desired.
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(5) Such notification shall include the justifica-
tion for the claim for extra compensation and
the estimated amount of additional fee
requested.
(6) The' KDOT will review the Consultant's submit-
tal and, if acceptable, approve a supplement
to this Agreement. Services for extra work
may only proceed upon authorization by the
KDOT, which will be followed up with the
execution of the supplemental agreement.
MISCELLANEOUS PROVISIONS
A. CONSTRUCTION ENGINEERING STANDARDS
(1) All services performed under this Agreement
sh~ll be done in accordance with the current
standard Practices of the KDOT as contained in
the Contract Documents, Manuals, guides and
writteh instructions of the KDOT.
(2)-- No variations will be permitted except by
written order from the KDOT.
B. REVISION OF SPECIFICATIONS AND PLANS
'(1) The KDOT may, by written notice and without
invalidating this Agreement, make changes in
the Specifications, Construction Contract,
Plans or Special Provisions resulting in the
revision or abandonment of services already
performed by the Consultant or resulting- in
work by the Consultant not contemplated in the
Agreement.
(2) Claims by the Consultant for compensation for
services resulting from such revisions shall
be submitted and processed in accordance with
Section IV of this Agreement.
C. OWNERSHIP OF DOCUMENTS
(1) Upon completion or termination of this Agree-
ment all Manuals', Contract Documents, guides,
written instructions, unused forms and record-
keeping books, and other written data and
information furnished to the Consultant by the
KDOT for the performance of the Agreement, and
all survey note.s, diaries, reports, records
and other information and data collected or
prepared by the Consultant in the performance
of this Agreement shall be properly arranged
and delivered to the KDOT, and shall become
the property of the KDOT.
(2) Ail dOcuments prepared by Consultant pursuant
to this Agreement are instruments of service
in respect of the Project. They are not
intended or represented to be suitable for
reuse by the Secretary or others on extensions
of.the Project or on any other Project. Any
reuse without written verification or adapta-
tion by Consultant for the specific purpose
intended will be at the Secretary's sole risk
and without liability or legal exposure to the
Consultant; and Secretary shall indemnify and
hold harmless Consultant from all claims,
damages, losses and expenses including attor-
ney's fees arising out of or resulting there-
'from. Any such verification or adaptation
will entitle Consultant to further compensa-
tion at rates to be agreed upon by Consultant
and Secretary.
D. CONTINGENT FEES
\
(1) The Consultant warrants that they have not
employed or retained any company or person,
other than a bonafide employee working solely
for the Consultant to secure this Agreement,
and that they have not paid or agreed to pay
any company or person, any fee, commission,
percentage, brokerage fees, gift, or any other
consideration, contingent upon or resulting
from the award or making of this Agreement.
For breach or violation of this waraanty the
KDOT in consultation with the LPA shall have
the right to annul this Agreement without
liability.
E. AGREEMENT ITEMS
(1) It is also understood and agreed that the
' Project plans, Specifications, Special Provi-
sions, and Construction COntract Proposal, as
available, and the Agreement Estimate and
other Special Attachments (Index provides List
of Special Attachments and specifically
includes Nondiscrimination in Employment) are
all essential documents of this Agreement and
are hereby incorporated by reference into this
Agreement and are a part thereof.
F. ACCESS TO-RECORDS
(1) The Consultant and subcontractors to the
Consultant if any, agree to maintain for
inspection and audit by the LPA, KDOT and the
FHWA all-books, documents, papers, accounting
records and other evidence pertaining to all
costs incurred under this Agreement and to
make such materials available at their respec-
tive offices at all reasonable times during
the life of the Agreement and for three (3)
years from the date-of the final federal
payment to KDOT under the Agreement, and to
furnish copies thereof if requested.
(2) If more than a nominal number of copies are
requested, the additional copies shall be
fUrnished at the expense of the requesting
agency.
(3) The Consultant will maintain these materials
at the Consultant's offices noted in the
Specific Construction Provisions. --
G. LEGAL RELATIONS
(1) The Consultant shall become familiar with, and
shall at all times observe and comply with,
all applicable federal, state, and local laws,
ordinances and regulations..
(2) The Consultant shall be responsible for any
and all damages to property or persons arising
out of an error, omission and/or negligent act
in the Consultant's performance of services
under this Agreement.
H. WORKER'S COMPENSATION AND OTHER EMPLOYEES
PROVISIONS
(1) The Consultant will accept full responsibility
for payment of Unemployment Insurance,
Worker's Compensation and Social Security as
well as income tax deductions and any other
taxes or payroll deductions required by State
and Federal Law for the Consultant's employees
engaged in work authorized by this Agreement.
I. ERRORS AND OMISSIONS
(1) The Consultant shall be responsible for the
accuracy of the work performed by the Consul-
tant under the Agreement, and shall promptly
make necessary revisions 'or corrections
resulting from their negligent acts, errors,
or omissions without additional compensation.
- 13 -
(2) The Consultant shall give immediate attention
to these revisions or corrections to prevent
or minimize delay to Contractor.
(3) The Consultant shall be responsible for any
damages incurred as a result of their errors,
omissions or negligent acts and for any losses
or'costs to repair or remedy construction.
J. CONFLICT OF INTEREST
(1) The Consultant warrants they have no public or
private interest, and shall not acquire
directly or indirectly any such interest,
which would conflict in any manner with the
_performance of the work under the Agreement.
Specifically, the consultant is prohibited
from performing contractor construction stak-
ing or any other work that is the construction
contractor's responsibility on this project.
(2) The Consultant will not, without written
permission from the KDOT, engage the services
of ~ny person(s) in the employment of the KDOT
for any work required by the terms of this
Agreement.
K. CONTRACTUAL PROVISIONS ATTACHMENT
(1) The provisions found in Contractual Provisions
Attachment (form DA-146a), which is attached
hereto, are hereby incorporated in this con-
tract and made a part hereof.
L. HOLD HARMLESS CLAUSE
(1) The Consultant hereby expressly agrees to save
the Secretary and the LPA and the Secretary's
and the LPA's authorized representatives
harmless from any and all costs, liabilities,
expenses, suits, judgements and damages to
persons or property caused by the Consultant,
it's agents, employees or subcontractors which
may result from negligent acts, errors, mis-
takes or omissions from the Consultant's
operation in connection with the services to
be performed hereunder.
(2) The LPA.hereby expressly agrees to save the
Secretary and the Secretary's authorized
representatives harmless from any and all
costs, liabilities, expenses, suits, judgments
and damages to persons or property caused by
the LPA, it's agents, employees or subcontrac-
· tots which may result from negligent acts,
errors, mistakes or omissions from the LPA's
operation in connection with the services to
be performed hereunder.
M. CERTIFICATE OF COMPLIANCE WITH K.S.A. 46-239(c)
(1) The Consultant agrees to certify that it is in
- compliance with K.S.A. 46-239(c) by signing
the Certificate of Compliance Special Attach-
ment No. 7, which is hereby made a part of
this agreement.
IN WITNESS WHEREOF: The parties hereto have caused this
Agreement to be signed by their duly authorized officers. It is
further understood that this Agreement and all other Agreements
entered into under the provisions of this Agreement ~shall be
binding upon the parties to this Agreement and their successors
in office.
RECOMMEND FOR APPROVAL: APPROPRIATE LOCAL OFFICIAL:
City/County Engineer Mayor/Chairperson of Board
' of County Commissioners
ATTEST: Member
City/County Clerk Member
ATTEST;
BY:
Name Consultant
TITLE:
Name
SECRETARY OF TRANSPORTATION
BY:
TITLE:
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INDEX OF ATTACHMENTS
1. Special Attachment No. 1 Specific Construction Provisions
2. Special Attachment No. 2 Certification
3. Special Attachment No. 3 Civil Ri,~hts Act of 1964
Rehabilitation Act of 1973
Americans With Disabilities Act ot? 1990
Age Discrimination Act of 1975
4. Special Attachment No. 4 Contractual Provisions Attachment
5. Special Attachment No. 5 Listing of KDOT Certified Inspectors
6. Special Attachment No. 6 Estimate of Engineering Fee ·
7. Special Attachment No. 7 Certificate of Compliance with
K. SA. 46-239(c)
Sheet 1 of 6
SPECIAL'ATTACHMENT NO. 1
SPECIFIC CONSTRUCTION PROVISIONS
I. SCOPE OF SERVICES
A.- SERVICES TO BE PERFORMED BY THE CONSULTANT
The Consultant agrees to:
(1) ' Attend all conferences designated by the KDOT, or
required ,under the terms of ~the Agreement.
(2) Designate a Project Engineer/Project Manager who
shall meet KDOT's certification policy and report
and transmit Project activity and documents to
KDOT's Construction Office.
(3) Assign KD®T Certified Inspector(s) of the appropri-
ate classifications to the Project to perform the
__ _ serVices required under the Agreement, in a timely
manner to avoid delay to the Contractor.
(4) Become familiar with the standard practices of the
KDOT, .the Contract Document~~ (Specifications,
Construction Contract Proposal, Special Provisions
and Plans), and the Contractor's proposed schedule
of operations prior to beginning field serVices to
be performed under the Agreement.
(5) Perform'the Consultant's field operations in accor-
dance with accepted safety practices.
(6) Furnish all equipment required to accomplish the
Consultant's services, and to check or test it
prior to use on the Project.
(7) Provide for Consultant personnel such transporta-
tion, supplies, materials and incidentals as are
needed to accomplish the services required under
the Agreement.
(8) Undertake the following:
Transmit orders from the KDOT to the Contractor and
provide guidance in the proper interpretation of
the Specifications and Plans.-
Perform or provide construction surveys, staking,
and measurements needed by the Contractor (unless
provided for in the contract where Contractor
Construction Staking is to be performed as a bid
item by the Contractor) and perform measurements
and surveys that are involved in the determination
of final pay quantities.
Sheet 2 of 6
Inspect all phases' of construction operations to
determine the Contractor's compliance with Contract
Documents and to reject such work and materials
which do not comply with Contract Documents until
any questions at issue can be referred tO and be
decided by the KDOTField Engineer.
Take field samples' and/or test materials to be
.incorporated in the work, and reject those not
meeting~the provisions of~the Contract Documents
.-until any 'questions at issue can be referred to and
be decided by the Field Engineer.
Make certain that test report records or certifi-
cates of compliance for materials tested off the
Project site and required, prior to the incorpora-
tion in the work, have been received.
Keep such daily diaries, logs.and records as are
needed for a complete record of the Contractor's
progress, including Project Engineer/Manager and
Inspector's diaries.
Measure and compute all materiels incorporated in
the work and items of work completed, and'maintain
an' item account record.
Provide measurement and computation_of pay items.
Prepare and submit, or assist in preparing, such
periodic, intermediate and final reports and
records as may be required by the KDOT and as are
applicable to the Project, which may include:
a. Progress Reports
b. Weekly statement of working days
c. Notice of change in construction status
d. Report of field inspection of material
e. Test report record
f. Contractor pay estimates
g. Pile driving data
h. Piling record
i. Final certification of materials
j. Explanation of quantity variation .
k. Statement of time
1. Other records and reports as required by the
Project
Review, or assist in reviewing, all Contractor
submittals of records and reports required by the
KDOT, as applicable to. the Project, which may
include:
a. Requests for partial and final payment
b. Other reports and records as required by the
individual Project
Sheet 3 of 6
(9) Prepare and submit, if desired by the Consultant,
partial payment invoices for services rendered by
the Consultant, but not to exceed one submittal per
month.
(10) Collect, properly label or identify, and deliver to
the KDOT all original diaries,, logs, notebooks,
accounts, records, reports an~ other documents
prepared by the Consultant in the performance of
the' Agreement, upon-completion or termination of
the Agreement.
(11) Return, upon- completion or termination of the
Agreement, all Manuals, Contract DoCuments, guides,
written instructions, unused forms and record-
keepihg books, and other documents and materials
furnished by the KDOT. The consultant shall be
responsible for replacing lost documents or
materials at the price determined by the KDOT.
(12) Prepare and sub~it a certification of Project
completion.
(13) Prepare and submit a final p~yment voucher for
services rendered by the Consultant.
(14) Prepare and deliver (when Project is completed) one
copy of major changes to the plans (by letter) to
the KDOT. The letter should contain such items as
the following:
a. Earthwork.~nd Culverts 1. A revised list of bench marks
2. Location of government bench marks
3. Major changes in alignment
4. Major changes in grade line
5. Established references on cornerstones
6. Major changes in location of drainage
structures
7. Major changes in flow line of drainage
structures
8. Drainage structure added or deleted
9. Any change of access control
b. Bridges 1. Changes in stationing
2. Changes in type, size or elevation of
footings
3. Changes in grade line
Sheet 4 of 6
B. SERVICES TO BE PROVIDED BY THE SECRETARY
(1) The Secretary agrees to:
a. Make available to the Consultant suffiuient
copies of the Contract Documents, shop
drawings, plan revisionS, written instructions
and other information'and data considered by
the KDOT to .be necessary to enable the
Consultant to perform.the services under this
Agreement, for the~- Project to the same
standards required of the KDOT's personnel.
b. Provide for the use of the Consultant a suffi-
cient supply of the blank diaries, logs,
recordkeeping books and reporting forms con-
sidered by the KDOT to be necessary for the
Consultant to perform the services under this
Agreement to the same-standards required of
-- the KDOT's personnel.
c. Provide space in the field office and field
laboratory furnished by the Contractor under
the terms of the Construction Contract
Proposal, for the occupancy and use of the
Consultant until completion of the construc-
tion work.
d. Perform or provide for laboratory testing of
materials requiring off-site testing facili-
ties, and obtain test reports or certifcates
of 9ompliance thereof.
e. Perform all necessary weld inspection when
there is welding for bridge beam connections
and splices, and for sign supports. This
includes all cross frames, diaphragm 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 Consultant as may be reasonably neces-
sary to perform and complete the Agreement in
conformance with standard construction engi-
neering practices of. the KDOT.
(2) The Secretary reserves the right to assign and
charge to the Project.such KDOT personnel as may be
needed.
Sheet 5 of 6
II. PROSECUTION AND PROGRESS
A. It is anticipated that the services to be performed
under the construction contract will start in 1996, and
be completed by 1997.
B. The Consultant 'shall complete all services to be
rendered under this Agreement no later than-two months
after completion of Project construction. Failure to'
comply may result in disqualification of the
Consultant's Project Engineer/Project Manager or Chief
Inspector until proper documentation~is~ submitted and
accepted.
III. B~SIS OF PAYMENT
A. Compensation of services provided by the Consultant
under the terms of the Agreement shall be made on the
basis of the reimbursable Consultant's actual cost plus
a net fee amount of $4,857.03. The actual cost shall
be incurred in conformity with the cost principles
established in Volume 1, Chapter 7, Section 2 of the
Federal-aid Highway Program Manual and-48 Code of
Federal Regulations (CFR) Chapter 1, Part 31 et seq.
The upper limit of compensation for services detailed
· in the Agreement shall be $42,337.21.
B. Compensation for services during the progress of work
normally will be made to the ConSultant within 30 days
after receipt by the Secretary of proper billing and
when supported by appropriate documentation. Partial
payments may not be requested by the Consultant at
intervals of .more than one per calendar month.
Progress billings shall be acceptable to the Secretary
before payments can be made: to the Consultant.
Accumulated partial Payments shall not exceed
Ninety-five Percent (95%) of the actual costs incurred
and net fee earned or the upper limit of compensation
for work noted above. Unless extra work has been
authorized by the Secretary, the total of the final
payment and previous payments can not exceed the upper
limit of compensation approved for the work. If extra
work has been authorized it will be reimbursed as per
the terms of the supplemental agreement(s).
C. The KDOT will reimburse the Consultant for the approved
vouchered amount up to the upper limit of compensation
(or upper limit plus any amount approved by a revised
supplemental(s)) for work detailed in the Agreement.
The payments will be made provided the LPA has
submitted to KDOT the estimated LPAts share of the
Project(s) cost and the LPA~s estimated share of the
Construction Engineering cost (15 percent of 25 percent
of the Project cost or amount allowed by the FHWA).
The approved vouchered amount will be submitted to the
FHWA by KDOT. When KDOT receives payment from the
FHWA, the Consultant will be reimbursed the approved
amount.
Sheet 6 of 6
D. If the Agreementts upper limit of compensation exceeds
the amount approved by the FHWA, the KDOT -will
reimburse the Consultant for the approved voucher fee
(not to exceed the Agreementts upper limit of
compensation unless authorization has been granted and
included in a revised supplemental(s)). The LPA will
reimburse~the KDOT for fees vouchered by the Consultant
and approved by KDOT up to the upper limit of
compensation in the Agreement that may exceed the
FHWA~s aPProved'amount unless provisions are provided
for payment under State law.
IV. MISCELL~NEOUS.PROVISIONS
~. ~UTHORI~ED REPRESENTATIVES
(1) The Field Engineer for the KDOT will be Mr. Randy
West,P.E., Area Engineer, whose work address is
P.O. 'Box-147, Ellsworth, Kansas 67439-0147 and
work telephone is 913-472-4447.
(2) The Project Engineer/Project Manager for the
Consultant will be Mr. Troy M. Eisenbraun,P.E.,
Certification Number 358 (expiration date is March
28, 1996), whose work address is 1700 East Iron,
P.O. Box 1640, Salina, Kansas 67402-1640 and work
telephone is 913m827-0433.
(3) The Chief Inspector for the Consultant will be Mr.
Roderick H. Crawford, Certification Number 1217
(expiration date is March 14, 1998), whose work
address is 1700 East Iron Avenue, P.O. Box 1640,
Salina, Kansas 67402-1640 and work telephone is
913-827-1640.
(4) The contact person for the LPA will be Mr. Don
Hoff, P.E., Director of Engineering, whose work
address is 300 West Ash Street, P.O. Box 736,
Salina, Kansas 67402-0736 and work telephone is
913-826-7290.
B. ACCESS TO RECORDS
(1) All documents and evidence pertaining to costs
incurred under this Agreement will be available
for inspection during normal business hours in the
Consultant's office, located at 1700 East Iron,
Salina, Kansas 67402-1640, for a period of three
(3) years following final Agreement payment.
Special Attachment No. 2
- Sheet 1 of 2
Project NO.
CERTIFICATION
CERTIFICATION OF CONSULTANT
I hereby certify that I am the and duly authorized
representative of the firm of , whose address is
and that neither I nor the above firm I
here represent has:
(a) employed or retained for the commission, percentage, brokerage, contingent
fee, or other congideration, any firm or person (other than a bona fide
employee working solely for me or the above comultan0 to solicit or secure
this contract, '
Co) agreed, as an express or implied condition for obtaining this contract, to
employ or retain the services of any firm or person in connection with carrying
out the contract, or
(c) paid, or agreed to pay, to any firm, organization of persons(other than a bona
fide employee working solely for me or the above consultant) any fee,
contribUtion, donation, or consideration of any kind for, or in connection with,
procuring or carrying out the contract;
except as here expressly stated ~if any):
I acknowledge that this certificate is to be furnished to the Secretary of the Kamas
Department of Transportation in connection with this contract and is subject to applicable
State and Federal laws, both criminal and civil.
(Date) [Signature)
CERTIFICATION OF THE STATE TRANSPORTATION ENGINEER
I hereby certify that I am the State Transportation Engineer of the State of Kansas
and that the above Consultant or his representative has not been required, directly or
indirectly as an express or implied conditmn in connection with obtaining or carrying out
this Agreement to
/~/ employ or retain, or agree to employ or retain, any firm or person, or
pay, or agree to pay, to any firm, person, or organization, any fee, contribution,
donation, or consideration of any kind;
except as here expressly stated (if any):
I acknowledge that this certificate is to be furnished to the above referenced firm in
connection with this Agreement, and is subject to applicable State and Federal laws, both
criminal and civil.
(Date) 'W. M. Lackey, P.E.
State Transportation Engineer
11-20-89
Special Attachment No. 2
Sheet 2 of 2
C~ty/Co~ty
CERTIFICATION OF LPA (CITY OR COUNTY)
We hereby certify that we are the above-noted LPA's Appropriate Local Officials
authgrized to sign for the City/County and that the Consultant noted in Sheet 1 of this
Spectal Attachment or his representative has not been required, directly or indirectly, as an
expressed or implied condition in connection with obtaining or carrying out this agreement
tO:
(a) employ or retain, or agree to employ or retain, any firm or person, or,
(b) pay, o.r agree to pay, to any firm, person, or organization, any fee, contribution,
donation, or consideration of any kind:
except as herein expressly stated (if any):
We aclmowledge that this certificate is to be furnished to the above referenced firm in
connection with this Agreement/and is subject to applicable State and Federal laws, both
criminal and civil;
(Date) Mayor/Chairperson of Board of
County Commissioners
Member
Member
:" Sheet 1 of 2 Special Attachment No. 3
KANSAS DEPARTMENT OF TRANSPORTATION
Special Attachment
To Contracts or Agreements Entered Into
.By the Secretary of Transportation of the State of Kanqas.
NOTE: Whenever this Special Attachment conflicts with provisions of'ithe Document
to which it is attached, this Special-Attachment shall govern. -~ ~
· . THE CIVIL RIGHTS ACT OF 1964 and any amendments thereto ~
'." .'"' .. ': :"'~,: REHABII.!TATION ACT OF 1973 and any amendments thereto .',i
· AMERICANS wYrH DISABILITIES ACT OF 1990 and any :amendmentsithereto
AGE DISCRIMINATION ACT OF 1975 and any amendments thereto
EXECUTIVE ORDER 12898, Federal Actions To Address Environmental Justice in
Minority Populations (1994) and any amendments thereto
NOTIHCATION
The Secretary of Transportation for the State of Kansas, in accordance with thepr0visions
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 Discrimination Act of 1975 (42 C.F.R., Part 21, 23 and 27), issued
pursuant to such Act, and ExeCUtive Order 12898 ,. Federal Actions to Address
]Environmental Justice in Minority Populations and Low Income Populations (1994), hereby
notifies all contracting parties that, the contracting parties will affirmatively iusure that this
contract will be implemented without discrimination on the grounds of race, religion, color,
gender, age, disability, or national origin, as more specifically set out in the following eight
'Nondiscrimination Clauses'.
CI.akRIHCATION
Where the term "consultant' appears in the fOllowing seven "Nondiscrimination Clauses~,
· the term nconsultant' is understood to incIude ail parties to contracts or agreements with the
Secretary of Transportation of the State of Kansas.
Nondiscrimination Clauses
During the performance of this contract, the consultant, or the consultant's assignees and
successors in interest (hereinafter referred to as the 'consultant's'), agrees as follows:
(1) Compliance with Regulations: The consultant will comply with the Regulations
of the U.S. Department of Transportation relative to nondiscrimination in
federally-assisted programs of the U.S. Department of Transportation (Title
49, Code of 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 J~rohibited by
Section 21.5 of the Regulations, including employment pracuCes when the
contract covers a program set forth in Appendix B of the RegulatiOns.
(Revised 9-19-95)
SPECIAL ATTACHMENT NO. 4
· s,.,. ~ ~..~., Sheet 1 Of ]Agency No. Contract No.
Oep~rtmem of Adminbtrahon
~ ~ ~ Accents and Re~
o~.,~ ~,~. ~,~ CO~CTUAL PROVISIONS A~ACHME~
lmpo~ant: T~s fora contains mandato~ contm~ pro~sions and must ~ atta~ed to or ~co~omted ~ a~ copies of any
contra~al a~eement, ff it is a~a~ed to the vendor/con~ogs standard con~a~ fora, ~en ~at fora must be alte~d
to contain the fo~o~g pro.sion:
~e pmvisiom fo~d ~ Con~al ~o~iom Atta~ment (fora DA-I~). whi~ ~ a~ch~ h~to. am he.by
~co~ted ~ t~ con~ and rode a pa~ hereof'.
~e pa~es a~ee that the fo~o~ng pro.ions are hereby inco~oratgd into ~e con~ to w~ it is aRa~ and made a pa~ thereof,
said contract being the ~ day of ,19
1. ~S HERE~ CO--OLeG PRO~SIONS
AGRE~ ~ ~SAS ~W
A~ ~n~ a~ sha~ ~ ~ to, ~y~ed by, ~d ~ accor~g ~ ~e ~ws of ~e State of ~
3. ~A~ON DUE TO LA~ OF ~G APPROP~A~ON
~. ~ the jud~t of ~e ~or of Ac~ and Re~, Dep~ent of A~~on, suffi~ent ~n~ ~ not appmpdat~ to ~n~ue
~n~on ~ ~ ~ a~ent ~d ~r ~e ~ent of the ~ h~d~, S~te ~y t~ate ~ a~ment at ~e ~d of i~ ~t
~1 ye~. S~te a~ to ~ve ~Ren no~ce ~ te~a~on to con~or at least ~ ~ p~or to ~e end of i~ ~t ~ ye~, ~d s~ ~ve
su~ no~ce for a '~eat~ ~ prior to ~e end of su~ ~ ye~ ~ may be p~ded ~ ~ con~, ~c~t ~t Su~ notice s~ not be
r~u~d p~or to ~ days ~fo~ ~e end of su~ ~1 ye~. Con~or s~ ~ve ~e fi~t, at ~e end of su~ ~ ye~, ~ ~e ~on of
any ~pm~t p~ded S~te und~ ~e con~. S~t~ ~ pay to ~e con~or ~ re~ con~ pa~en~ ~ ~u~ ~e ~d of
su~ ~ y~, pl~ con~ ~ ~d~ to ~e ~ of ~y su~ ~pm~L U~n t~on of ~e a~m~t by S~te, ~6e to'
~y ~ ~pm~t sha~ ~ t0 tone.or at ~e end of S~te's ~t ~ ye~. ~e t~ffon of ~e ~n~ p~t to ~ ~ph
sh~ not ~use any p~ to be ~ ~e agen~ or ~e con~.
4. DISCLA~ER OF LIAB~
Nei~er ~e State of ~s nor any agen~ ~f shaB hold ~ or ~dem~ ~y ~n~or beyond that ~ ~ ~der the
A~-DISC~A~ON ~AUSE
~e con~or a~: (a) to comply ~ ~e ~ A~ A~t D~on ~.A. ~1~1 et ~.) and the ~
~plo~ent A~ ~.A. ~1111 et ~.) ~d ~e app~ble pro.iota of ~e Am~m Wi~ D~ Act (~ U&C. ~210~ ~.) (ADA) and
to not ~te a~t any p~n ~e of ~ce, ~on, ~lor, ~, ~b~, ~o~1 o6~ or ~c~, or age ~ ~e a~on or acc~
to, or ~ea~ent or emplo~ent ~ i~ pm~ or a~; ~) to ~dude ~ ~ ~d~m or adv~men~ f~ emp~ ~e p~ "~ual
op~ ~ployer'; (c) to comply ~ ~e ~g ~emen~ ~t out at ~S.A, ~1031 and ~S.A. ~1116; (d)
~ ev~ su~on~ ~ p~ ~ ~ ~t ~ey ~e b~g upon su~ su~n~or or v~ (e) t~t a ~1~ to ~ply
r~emen~ of (c) a~ve or ~ ~e ~n~or ~ ~und ~ of ~y ~o~on of ~ a~ by ~e ~s Hu~ ~ C~i~ su~ ~o~on
sha~ conspire a brea~ of con~ ~d ~e ~n~ ~y be ~nceled, te~ated or s~nde~ ~ whole or ~ pa~,~ by ~e ~n~g state
a~n~ or ~e ~s Depa~ent ~ A~~on; (0 ~ it is defied ~at ~e con~or has ~o~ted appUcable p~iom of the A~A, su~
~o~tion sha~ com~te a breach of con~a~ ~d ~e con~ may ~ ~nceled, t~ated or sus~nd~, in whole or
state ag~ or ~e ~s Dep~ent of A~~on.
Pa~ to t~ ~n~ ~de~d t~t ~e pm~iom of ~ p~ph n~ber 5 (~ ~e ~cep~on of tho~ pm~iom rela~g to
are not appU~ble to a con~or who emplo~ few~ ~an fo~ employe~ d~g ~e te~ of such con~ or wh~ con~ ~ ~e
coning state agen~ ~m~vely to~ $~,~ or 1~ dung the ~ y~ of su~ agent.
6. AC~ANCE OF CO~A~
~is con~ sha~ not be co~ide~ acceptS, approved or othe~ eff~ve ~ffi ~e stamtoffiy ~d app~va~ ~d c~6om ~ve
been ~ven.
7. ARB~A~ON~ DAMAGES~ WA~~S
Not~thstan~g any lan~age to ~e con~, no ~te~reta~on sha~ be a~owed to ~d the State or any agen~ ~of has a~eed to b~g
arbitron, or the pa~ent of damag~ or penal~ upon the ~ence of a con~gen~. F~h~, ~e State of ~s shaU not a~ee to pay
attorney fees and late pa~ent ~arges beyond tho~ ava~able under the ~s Prompt Payment A~ ~.A. 7~), and no pm~ion
be ~ven. effe~ w~ch attemp~ to ~dude, m~,' ~claim or o~e~e attempt to ~it impE~ w~n~ of me~ntab~ and fime~ for
a papular p~.
8. REPRESE~A~E'S A~O~ TO CO~A~
By sing t~ d~ment, the representa6ve of the con~ctor thereby repr~ents that su~ pe~on ~ duly authored by ~e con~a~or to ex~te
~ do~ment on behalf of the con~o~' and that the con.actor a~ees to be bound by the pro~siom th~eof.
9. RESPONS~IL~ FOR TAXES
The State of ~n~s sha~ not be r~pomible for, nor indemni~ a con.actor for, any federal, state or l~al tax~ which may ~ ~posed or le~ed
u~n the subj~t matter of th~ con.cb
10. INSTANCE
~e State of ~n~s shaB not be r~u~ to purchase, any imu~nce aga~st loss or damage to any p~nal prope~ to w~ t~ con~ re~t~,
nor shall this con.ct r~e the State to ~tab~h a 'se~-~surance" ~d to profit a~i~t any such l~s or ~mage. Subj~ to the pro.ions
of the ~s To~ Cla~s Act ~S.A. ~101 e2 ~.), ~e vendor or l~r shall bear the ~k of any !~ or ~mage to any ~onal prope~y
~ w~ch vendor or I~r hoi~ title.
11. INFO~A~ON
No pro~sions of this con~act s~ll ~ cons~ed as limiting the Le~slative Di~ion of Post Audit ~om having acce~ to info~a~on pursuant
Sheet 1 of 1
Special Attachment No. 5
Listing of KDOT Certified Inspectors
The following list of KDOT Certified Inspectors are available to perform the inspection on this
project when required.
Name Level of Certification Certification No. ~xpir. Date _
1. Anderson, Todd J. IIAC 487 5/30/96
2. Burch, Justin P. HAC 1215 3/14/98
3. Burtchet, William O. IIAC 345 3/19/96
4. Carver, Arden R. IIAC 785 3/26/¢0' ~t 7
5. Crawford, Roderick H. IIAC 1217 3/14/98
6. Drake, Frank L. IIAC 481 2/1/96
7. Eisenbraun, Troy M. IIAC 358 3/28/96
8. Gilmore, G. Ray IIAC 1133 3/16/97
9. Kathrineberg, Kyle B. IIAC 375 3/17/97
10. Lanl~hofer, Sam J. IIAC 984 3/11/96
11. Let~e, William F. IIAC 1079 3/14/97
12. Long, Mitchell J. ~ IIAC 1132 3/16/97
13. Miles, Timothy M. HAC 770 3/7/97
14. Nachbar, Craig S. IIAC 1216 3/14/98
15. Nuessen, Ron A. IIAC 985 3/11/96
16. O'Brien, John J. IIAC 938 4/24/98
17. Riedel, Steve M. IIAC 968 3/4/96
18. Schmiedler, John R. IIAC 166 2/1/96
19. Stark, Timm W. IIAC 969 3/10/96
20. Stroede, Randall S. IIAC 626 3/1/96
21. Waters, Karla S. IIAC 718 4/12/96
22. Woodruff, Paul M. IIAC 391 6/6/97
23.
24.
25.
SPECIAL ATTACHMENT NO. 6
Project No. 85 U-1469-01
City of Salina, Saline County
- Sheet 1 of 3
EXHIBIT A
Supporting Data Sheet
for
ESTIMATE OF ENGINEERING FEE
A. Direct Payroll
'Contract A~fministmfi°n =' ~'~ ..... ' ....... ~'
Work Type Employee Hours Rate Extension
I Pre-Construction a. Proj. Engr. 4 $24.50 $98.00
Conference b. Primary Insp. 4 14.30 .57.20
Subtotal $155.20 .*
2 Field Documentation, a. Proj. Engr. 24 $24.50 $588.00
Daily Contract b. Primary Insp. 308 14.30 4,404.40
Documentation c. Technician(s) 112 11.00 1,232.00
Subtotal $6,224.40
3 On-Site a.. Primary Insp. 280 $14.30 $4,004.00
Testing b. Technician(s) 132 1'1.00 · 1,452.00
Subtotal $5,456.00
4 Quantity a. Primary lnsp. 32 $14.30 $457.60
Measurement b. Technician(s) 20 11.00 220.00
Subtotal $677.60
5 Final Paper PreParation a. Primary Insp. 24 $14.30 $343.20
Subtotal $343.20
6 AdministratiOn a. Administration 8 : $45.00 $360.00
and Supervision
Subtotal $360.00
Total Direct Payroll Costs $13,216.40
SPECIAL ATTACHMENT NO. 6 ·
Project No. 85 U-14~9-01
Gity of Salina, Saline Gounty '
Sheet 2 of 3 -
Summary of Total Direct Payroll Costs
HoUrs Rate Extension
Administration 8 $45.00 $360.00
Project Engineer 28 24.50 686.00 .
Pdmary Inspector 648 14.30 9,266.40 ..~
Technicians 264 11.00 2,904.00 '
Total Direct Payroll Costs $13,216.40
B. Salary Related and General Overhead (145%) $19,163.78
C. Total Payroll plus Overhead $32,380.18
D. Net Fee - $4,857.03
E. Total Direct Payroll, Overhead and Net Fee · $37,237.21
F. Direct Expenses
Mileage 1,560 miles @ $0.45 = 702.00
Computer Costs 648 hours @ $0.50 = 324.00
Testing Laboratory Services 4,074.00
(Geotechnical Services, Inc.),
Total Other Direct Expenses $5,100.00
TOTAL COST PLUS NET FEE $42,337.21
Note: Total Fee does not include costs for off-site testing.
SPECIAL ATTACHMENT NO. 6
Project No. 85 U-1469-01
City of Salina, Saline County
Sheet 3 of 3
Detailed Summary of Testing Laboratory Expenses
Testing Laboratory Expenses
1 Nuclear Density Testing of Concrete Pavement~
a. On-site calibration :
1 day @ 6 hours ~ $37.00* = $222.00
b. Density Tests
8 days @ 4 hours @ $37.00* = $1,184.00
2 Hot Mix Plant
a. Field Lab
3 days @ 8 hours @ $37.00* $888.00
3 Miscellaneous Aggregate Gradations
a. 16 tests @ 1.5 hours/test @ $37.00* = $880.00
4 Other Costs
a. Nuclear Density Meter Rental
9 days @ $100.00/day = $900.00
TOTAL TESTING LABORATORY EXPENSES $4,0~4.00
(Provided by Geotechnical Services, Inc.)
* Standard Houdy Rate
SPECIAL ATTACHHENT NO. ?
CERTIFICATE OF COMPLIANCE WITH K.S.A. 46-239(c)
Kansas Law (K.S.A. 46-239(c)) requires this agency to report all
contracts entered into with any legislator, or any member of a
firm of which a legislator is a member, under which the legisla-
tor or member of the firm is to perform services for this agency
for compensation. The following certification must be filled in
by the signator of this contract:
Yes, this contract is with a legislator or a firm
in which a legislator is a member. That legislator
is ,
-- Business Telephone ,
Address (Street, City, State, Zip Code)
or
No, this contract is not being entered into with a
legislator or a firm in which a legislator is a
member.
The signer understands that this certification is factual and
reliable and is a part of this transaction.
Date:
By:
Project No. '~
City/County: