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8.2 Agr Brdwy Overpass CITY OF SALINA REQUEST FOR COMMISSION ACT ION DATE 11/16/87 TIME 4:00 P.M. AGENDA SECTION: Administration ORIGINATING DEPARTMENT: APPROVED FOR AGENDtI: ~ ITEM NO. 2 - BY: Dean Bo~er BY: This is a proposed agreement covering the responsibilities of the City and the Department of Transportation in connection with the Broadway Boulevard Overpass Project. This agreement basically gives the Department of Transportation the authority to act in our behalf in obtaining and dispensing with Federal funds. Resolution # 87-3935 should be passed approving the Mayor and City Clerk to sign these agreements. COMM I SS I ON ACT I ON MOTION BY SECOND BY TO: Agreement No. 51-87 PROJECT NO. 85 U-1128-01 BRM-4807(O03) BROADWAY BOULEVARD OVER U.P. AND A.T.S.F. RAILWAY CITY OF SALINA, KANSAS AGREEMENT This Agreement, made and entered into this day of 19 , by and between the City of Salina, Kansas, hereinafter referred to as the City, and the Secretary of Transportation of the State of Kansas, hereinafter referred to as the Secretary. RECITALS: WHEREAS, The Secretary and the said City are empowered by the Laws of Kansas to enter into agreements to enable them to participate in the benefits to be secured from federal-aid funds, or funds made available from the federal government for road or street improvements, and WHEREAS, under the terms of the Federal-Aid Highway Act and the rules and regulations of the Federal Highway Administration, states and cities are, under certain circumstances, entitled to receive assistance in the financing of the construction and reconstruction of roads and streets, provided, however, that in order to be eligible for such federal aid, such work is required to be done in accordance with the laws of the state and under the direct supervision of the Department of Transportation of such state, and WHEREAS, the City does hereby request the Secretary to take such steps as are deemed by the Secretary to be necessary or advisable for the purpose of securing approval by the Federal Highway Administration of a project for the improvement of FAU 1128 in the City, and is described as follows: Replacement of the Broadway Boulevard (FAU 1128) bridge over the Union Pacific and Atchison, Topeka and Santa Fe Railway. (Located between State Street and North Street.) Total length of project 0.340 mile. NOW, THEREFORE, in consideration of the premises and to secure the approval and construction of the said ~roject, the said parties hereto mutually agree as follows: 1. That the said project when approved shall be undertaken, prosecuted and completed for and on behalf of the said City by the Secretary acting in all things as its agent and said City hereby constitutes and appoints said Secretary its agent, and all acts, proceedings, matters and things hereinafter done by the Secretary in connection therewith are hereby by said City authorized, adopted, ratified and confirmed to the same extent and with the same effect as though - 1- No. 51-87 done directly by the said City acting in its own individual corporate capacity instead of by its agent, except as otherwise modified by this Agreement. The plans for said project, when approved by the City, the State Transportation Engineer and the Federal Highway Administration are by reference made part of this Agreement. The City agrees to prepare, or have prepared, the plans for such improvements, under the direction of the Secretary. 2. The City agrees that it will, in its own name as provided by law, acquire by purchase, dedication or condemnation all of the rights of way, easements and access rights shown on the approved plans in accordance with the schedule established by the Kansas Department of Transportation. It is agreed the necessary right of way be acquired in compliance with the Uniform Relocation and Real Property Acquisition Policies Act of 1970, as amended by the Surface Transportation and Uniform Relocation Assistance Act of 1987, and Administrative regulations contained in 49 CFR, Part 25 entitled "Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs". The City agrees to contact the Secretary if there will be any displaced person on the project prior to making the offer for the property. The City agrees to certify to the Secretary, on forms provided by the Bureau of Rural and Urban Develop- ment, that such rights of way, easements and access rights have been acquired. The City agrees that it will have recorded in the Office of the Register of Deeds all rights of way Deeds, Dedications, Permanent Easements, Temporary Easements and Appraiser Reports for condemnation of rights of way. 3. The City agrees that any change in the use of right of way or in the access after project construction has been accepted will require written approval by the Secretary.. 4. The parties hereto agree that the Secretary will provide relocation assistance for eligible persons as defined in the "Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970", as amended by the Surface Transportation and Uniform Relocation Assistance Act of 1987, and as provided in 49 CFR, Part 25 entitled "Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs". 5. The City agrees that it will move or adjust, or cause to be moved or adjusted, and will be responsible for such removal or adjustment of all existing structures, pole lines, pipe lines, meters, manholes and other utilities, publicly or privately owned, which may be necessary to the construction of the project in accordance with the approved plans. New or existing utilities that have to be installed, moved or adjusted will be located or relocated in accord- ance with the Kansas Department of Transportation "Utility Accommodation Policy, Part Two-Utilities on Primary, Secondary and Urban Highways". The expense of said removal or adjustment of said utilities located on public right of way shall be borne by the owners. 6. The City agrees that it will immediately take such steps as are necessary to facilitate the early adjustment of utilities, will initiate the removal or adjustment of said utilities, and will proceed with reasonable diligence to prosecute this work to completion. The City further agrees to move or adjust or cause to be moved or adjusted all necessary utilities sixty (60) days prior to the scheduled construction letting except those necessary to be -2- No. 51-87 adjusted during construction. The City will initiate and proceed to complete adjusting the remaining utilities in order that the contractor shall not be delayed in constructing the project. 7. The City agrees to furnish the Secretary a list of existing and known utilities affected, together with locations and proposed adjustments of same and designate an individual to be responsible for coordinating the necessary removal or adjustment of utilities and report each month to the Department's District Engineer the progress of the removal or adjustment on forms furnished by the Secretary. 8. The City agrees to certify to the Secretary that all privately owned utilities occupying public right of way required for the construction of the project are permitted thereon by franchise, ordinance, agreement or permit and said instrument includes a statement as to which party will bear the cost of future adjustments or relocations that may be required as a result of street or road improvements. 9. It is understood that the City and the Secretary shall determine the manner in which traffic is to be handled during construction. It is therefore agreed between the parties that before project plans have been completed, detour routes and street closings, if necessary, shall be agreed upon by authorized representatives of the City and the Secretary, and noted on the plans. If revisions to the traffic handling plan are proposed during the progress of construction, the City and the Secretary shall approve such revisions before they become effective. The City further agrees that the Secretary or his or her authorized representative may act as its agent with full authority to determine the following: (a) the dates upon which said street closings shall commence and termi- nate (b) the appropriate barricades and signing to be placed on or about the project limits prohibiting through traffic and their locations The Secretary or his or her authorized representative shall notify the City of the determinations made pursuant to this section. 10. The Secretary agrees to let the contract for the project and shall award the contract to the lowest responsible bidder upon concurrence in the award by the City. The Secretary further agrees to oversee the construction of the project in accordance with the approved plans, as required by the Federal Highway Administration, to negotiate with and report to the Federal Highway Administration, and administer the payments due the contractor, including the portion of the cost borne by the City. 11; The City agrees to provide the construction inspection in accordance with the rules and guidelines developed for the LPA program. -3- No. 51-87 12. The City agrees to deposit with the Secretary its estimated share of the total project expenses based upon estimated approved contract quantities. The City further agrees to remit its estimated share within thirty (30) days after receipt of the "Authorization to Award Contract, Commitment of City Funds" resolution form the Secretary. 13. The Secretary agrees that within (30) days after receipt of the Federal Highway Administration acknowledgement of final voucher claim, the KDOT Controller will prepare a complete and final billing of all project costs for which the City is responsible and shall then transmit said complete and final billing to the City. 14. The City agrees to reimburse the Secretary for twenty percent (20%) of the cost of all construction items in the approved plans plus twenty percent (20%) of the cost of all contingency items. The City further agrees to reim- burse the Secretary for twenty percent (20%) of construction engineering expenses, said expenses not to exceed fifteen percent (15%) of total actual construction costs and the City further agrees to reimburse the Secretary for one-hundred percent (100%) of construction engineering expenses over fifteen percent (15%) of total actual construction costs. However, if any items are found to be non-participating by the Federal Highway Administration, the total cost of these items will be paid for by the City. The City further agrees to make such payment to the Secretary within thirty (30) days after receipt of a complete and final billing from the KDOT Controller. 15. The City agrees that when said project is completed and approved that it will, at its own cost and expense, maintain said project and will make ample provisions each year for such maintenance. Upon notification by the State Transportation Enginee~ of any unsatisfactory maintenance condition, the City will begin the necessary repairs within thirty (30) days and will prosecute the work continuously until it is satisfactorily completed. 16. The City agrees that it will adopt an ordinance requiring the removal of all encroachments either on or above the limits of the right of way shown on the approved plans for this project and it will initiate and proceed with diligence to remove or require the removal of said encroachments. It is further agreed that all such encroachments be removed before the project is advertised for letting (provided, however, that if the Secretary is satisfied, with respect to any encroachment, that the physical removal thereof has been fully provided for between the City and the owner thereof and will be accomplished within a time sufficiently short to present no hindrance or delay to the construction of the project, the Secretary may cause the project to be advertised for letting before such encroachment is fully removed). The City further agrees that it will not in the future permit the erection of gas and fuel dispensing pumps upon the right of way of said project and it will require that any gas and fuel dispensing pumps erected, moved or installed along said project be placed no less than twelve feet back of the right of way line. All right of way provided for said project shall be used solely for public street purposes and no signs, posters, billboards, roadside stands, fences, structures or other private installations shall be permitted within the right of way limits except as provided by state laws. 17. The City agrees to control parking of vehicles on the city street' throughout the length of the improvement covered by this Agreement. -4- No. 51-87 18. The City agrees that the arterial characteristics inherent in the project require uniformity in information and regulations to the end that traffic may safely and expeditiously be served and shall adopt and enforce such rules and regulations governing traffic movements as may be deemed necessary or desirable by the Secretary and the Federal Highway Administration. 19. The City agrees to maintain the control of access rights and to prohibit the construction or use of any entrance or access points along the project other than those shown on the approved plans. Any exceptions therefrom must be approved by the Secretary. 20. The location, form and character of informational, regulatory and warning signs, of traffic signals and of curb and pavement or other markings installed or placed by any public authority, or other agency, pursuant to this Agreement, shall be subject to the approval of the Secretary with the concur- rence of the Federal Highway Administration and shall not be installed prior to such approval. 21. The City agrees to adopt all necessary ordinances and/or resolutions and to take such legal steps as may be required to give full effect to the terms of this Agreement. 22. The City hereby expressly agrees and covenants that they will hold and save harmless and indemnify the Secretary and his or her authorized representa- tives from any and all costs, liabilities, expenses, suits, judgments, damages to persons or property or claims of any nature whatsoever arising out of or in connection with the provisions or performance of this Agreement by the City, the City's employees or subcontractors. The City shall not be required to indemnify and hold the Secretary harmless for negligent acts of the Secretary or his or her authorized representatives or employees. 23. Responsibility for damage claims: The contractor shall indemnify and save the Secretary and the City harmless from and against all liability for damages, costs and expenses arising out of any claim, suit, action, or otherwise for injuries and/or damages sustained to persons or property by reason of the work performed by the Contractor, his or her subcontractor, agents, or employees under this Agreement. 24. The parties do hereby agree that the "Special Attachment" attached hereto, pertaining to the implementation of the Civil Rights Act of 1964, is hereby made a part of this Agreement. -5- No. 51-87 25. It is further understood that this Agreement and all contracts entered into under the provisions of this Agreement shall be binding upon the Secretary and the City and their successors in office. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be signed by their duly authorized officers on the day and year first above written. ATTEST: THE CITY OF SALINA, KANSAS CITY CLERK MAYOR HORACE B. EDWARDS Secretary of Transportation (SEAL) By: -6- Special Attachment No. 1 Sheet 1 of 3 KANSAS DEPARTMENT OF TRANSPORTATION Special Attachment To Contracts or Agreements Entered Into By the Secretary of Transportation of the State of Kansas NOTE: Whenever this Special Attachment conflicts with provisions of the Document to which it is attached, this Special Attachment shall govern. THE CIVIL RIGHTS ACT OF 1964 AND REHABILITATION ACT OF 1973 NOTIFICATION The Secretary of Transportation for the State of Kansas, in accordance with the provisions of Title VI and Title VII of the Civil Rights Act of 1964 (78 Stat. 252}, §504 of the Rehabilitation Act of 1973 (87 Stat. 355) and the Regulations of the U.S. Department of Transportation (49 C.F.R., Part 21, 23 and 27), issued pursuant to such Act, hereby notifies all contracting parties that, the con- tracting parties will affirmatively insure that this contract will be implement- ed without discrimination on the grounds of race, religion, color, sex, age, handicap, or national origin, as more specifically set out in the following eight 'Nondiscrimination Clauses' CLARIFICATION Where the term 'consultant' appears in the following seven 'Nondiscrimination Clauses', the term 'consultant' is understood to include all parties to con- tracts or agreements with the Secretary of Transportation of the State of Kansas. Revised 8/27/86 Special Attachment No. 1 Sheet 2 of 3 Nondiscrimination Clauses During the performance of this contract, the consultant, or the consultant's assignees and successors in interest (hereinafter referred to as the 'consul- tant'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. Depart- ment 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, sex, age, handicap, 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 prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regula- tions. (3) Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all solicitations either competitive bidding or negotiation made by the consultant for work to be performed under a subcontract including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the consul- tant of the consultant's obligation under this contract and the Regulations relative to nondiscrimination on the grounds of race, religion, color, sex, age, handicap, or national origin. (4) Information and Reports: The consultant will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and the Secretary of Transportation of the State of Kansas will be permitted access to the consultants 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 consul- tant is in the exclusive possession of another who fails or refuses to furnish this information, the consultant shall so certify to the Secretary of Transportation of the State of Kansas and shall set forth what efforts it has made to obtain the information. (5) Employment: The consultant will not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, handicap, or national origin. Revised 8/27/86 (6) Special Attachment No. 1 Sheet 3 of 3 Sanctions for Noncompliance: In the event of the consultant's noncom- pliance with the nondiscrimination provisions of this contract, the Secretary of Transportation of the State of Kansas shall impose such contract sanctions as the Secretary of Transportation of the State of Kansas may determine to be appropriate, including, but limited to, (al withholding of payments to the consultant under the contract until the contractor complies, and/or (b) cancellation, termination or suspension of the contract, in whole or in part. (7) Disadvantaged Business Obligation (8) (al Disadvantaged Businesses as defined in the Regulations, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this contract. (b) All necessary and reasonable steps shall be taken in accordance with the Regulations to ensure that Disadvantaged Businesses have the maximum opportunity to compete for and perform contracts. No person(s) shall be discriminated against on the basis of race, religion, color, sex, age, handicap or national origin in the award and performance of Federally-assisted contracts. Incorporation of Provisions: The consultant will include the provi- sions of paragraph (1) through (8) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, order, or instructions issued pursuant thereto. The consultant will take such action with respect to any subcontract or procurement as the Secretary of Transportation of the State of Kansas may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that, in the event a consultant becomes involved in, or is threatened with, litigation with a subcon- tractor or supplier as a result of such direction, the consultant may request the State to enter into such litigation to protect the interests of the State. Revised 8/27/86