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
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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
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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.
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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.
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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.
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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:
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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