8.3 Agr Cloud St Bridge Replace CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
4/5/99 4:00 P.M.
AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR
NO. AGENDA:
8 Engineering & General Services
NO. 3
BY: Shawn O'Lea BY:
ITEM
Agreement with the Kansas Department of Transportation for the Cloud Street Bridge Replacement,
Project No. 85U-1698-01 BRM-U169(801)
BACKGROUND
The attached agreement between the City of Salina and the Kansas Department of Transportation
establishes the terms and conditions related to the grant of federal funds for the replacement of the
Cloud Street Bridge. This bridge is located on Cloud Street just east of Centennial Road. The bridge
deck and substructure have been shown to be in a serious state of disrepair in our bi-annual bridge
inventory and inspection program. The project will involve removal of the existing concrete span
bridge and replacement with a large concrete box culvert. The project is included in the City's 1999
capital improvement program.
The attached agreement establishes the responsibilities of the City and KDOT in regard to the project
and grant. In essence, the project is similar to other KDOT projects in terms of the City's
responsibilities. KDOT will participate on an 80-20 basis for construction and construction
engineering costs. The City has already paid one hundred percent of the design engineering costs in
the amount of $26,630. The current project estimate for construction costs is $625,000 of which 20
percent or $125,000 would be the local share. The final design plans and specifications are now
complete and on file with KDOT. A KDOT bid letting is scheduled for July, 1999 with construction
in the late Summer and Fall of 1999.
ACTION
It is recommended that the City Commission approve the resolution concurring in Agreement No. 37-
99 with the Kansas Department of Transportation for the Cloud Street Bridge Replacement, Project
No. 85U-1698-01 BRM-U169(801).
Resolution Number: 99-5435
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PREPARED BY PREPARED FOR THE CITY OF SALINA, KS
,11111 BtJCHER, WILLIS & RATLIFF
,llllk - CORPORATION DATE OF PHOTOGRAPHY - MARCH 3, 1997
Date
Agreement No.
Project No.
City of ., Kansas
County, Kansas
City's FEIN Number
City's Fiscal Administrator
Address (to which warrant is to be mailed to):
Phone Number:
Agreement No. 37-99
PROJECT NO. 85 U-1698-01
BRM-U169(801)
GRADING, BRIDGE, SURFACING, AND SEEDING
CITY OF SALINA, KANSAS
A G R E E M E N T
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.
R E C I T A L S:
WHEREAS, The Secretary and the 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
responsible charge of the Department of T[ansportation of such
state, and
WHEREAS, the City requests 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 safety project for the construction of Cloud Street in the
City and is described as follows:
Cloud Street Bridge over Dry Creek.
Total length of project is approximately 0.08 kilometer.
NOW, THEREFORE, in consideration of the premises and to secure
the approval and construction of the project, the parties hereto
mutually agree as follows:
1. That the project when approved shall be undertaken,
prosecuted and completed for and on behalf of the City by the
Secretary acting in all things as its agent and the City hereby
constitutes and appoints the Secretary its agent, and all acts,
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No. 37-99
proceedings, matters and things hereinafter done by the Secretary
in connection therewith are hereby by the City authorized, adopted,
ratified and confirmed to the same extent and with the same effect
as though done directly by the City acting in its own individual
corporate capacity instead of by its agent except as otherwise
modified by this Agreement. The plans for the project, when
approved by the City, the State Transportation Engineer, acting on
his or her behalf and on behalf of the Federal Highway
Administration, are by reference made a part of this Agreement. The
City agrees to prepare, or have prepared, the plans for such
improvements.
2. The City agrees that it will, in its own name, acquire by
purchase, dedication or condemnation 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. The City agrees the acquisition of rights of way,
easements, and access rights shall be 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 24 entitled Uniform Relocation and Real
Property Acquisition for Federal and Federally Assisted Programs.
The City shall certify in the manner required by the Secretary that
such rights of way, easements and access rights have been acquired.
The City further agrees that it will have recorded in the Office of
the Register of Deeds all rights of way, Deeds, Dedications,
Permanent Easements and Temporary Easements.
3. 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 parties mutually 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 24 entitled Uniform Relocation and Real Property
Acquisition for Federal and Federally Assisted Programs, and in
general accordance with K.S.A. 58-3501 to 58-3506, inclusive and
Kansas Administrative Regulations 36-16-1 et. Seq.
4. On request or when deemed necessary by the Secretary, the
Secretary will provide technical assistance to help the City
acquire rights of way, easements, and access rights in accordance
with the laws and with procedures established by the Bureau of
Right of Way and the Office of Chief Counsel of the Kansas
Department of Transportation and as required by Federal Highway
Administration Directives to insure participation of federal funds
in the cost of the project.
5. The City agrees to send copies, within the time limits
set by the Secretary, of all documents including recommendations
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and coordination for appeals, bills, contracts, journal entries,
case files or documentation requested by the Office of Chief
Counsel to the Office of Chief Counsel.
6. The City agrees to provide all legal descriptions
required for right of way acquisition work.
7. The City agrees that any disposal of or change in the use
of right of way or in the access after each tract acquisition will
require advance, written approval by the Secretary.
8. 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 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
accordance with the Kansas Department of Transportation "Utility
Accommodation Policy, Part Two-Utilities on Primary, Secondary and
Urban Highways (1998)." The expense of the removal or adjustment
of the utilities located on public right of way shall be borne by
the owners. The expense of the removal or adjustment of privately
owned utilities located on private right of way or easement shall
be borne by the City.
It is further agreed that if the City is unable to coordinate
the utility adjustments, they may request the Secretary to perform
the coordination of the utilities for the City.
9. The City agrees that it will immediately take such steps
as are necessary to facilitate the early adjustment of utilities
and upon notification by the Kansas Departmeht of Transportation's
District Engineer will initiate the removal or adjustment of the
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 adjusted during construction and those which would
disturb the existing street surface, curbs or sidewalks. The City
will, upon notification by the Department's District Engineer,
initiate and proceed to complete adjusting the remaining utilities
in order that the contractor shall not be delayed in construction
of the project.
10. 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.
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11. 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 the instrument shall
include 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 highway improvements.
12. 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 which the street closings shall commence and
terminate
(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. "
13. 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,
as agent for the City, to administer 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.
14. The City agrees to provide the construction inspection in
accordance with the rules and guidelines developed for the KDOT
approved Local Public Authority (LPA) construction engineering
program.
15. The Secretary agrees to be responsible for eighty percent
(80%) of the total actual cost of construction, which includes the
cost of construction contingency items; and construction
engineering.
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No. 37-99
16. The City agrees to be responsible for twenty percent
(20%) of the total actual cost of construction, which includes the
cost of construction contingency items; and construction
engineering. The City also agrees to be responsible for one-hundred
percent (100%) of the preliminary engineering, rights of way, and
utility adjustment costs for the project.
17. It is further mutually agreed that if any items are found
to be non-participating by the Secretary, acting in his or her own
behalf and on the behalf of the Federal Highway Administration, the
total cost of these items will be paid for by the City.
18. 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 from the Secretary.
19. The Secretary agrees that after receipt of the Federal
Highway Administration acknowledgement of final voucher claim, the
Secretary's Chief of Fiscal Services will in a timely manner,
prepare a complete and final billing of all project costs for which
the City is responsible and shall then transmit the complete and
final billing to the City. The City further agrees that if payment
is due that they shall make such payment to the Secretary within
thirty (30) days after receipts of a complete and final billing
from the Secretary's Chief of Fiscal Services.
20. The City agrees that when the project is completed and
approved that it will, at its own cost and .expense, maintain the
project and will make ample provision 'each year for such
maintenance. Upon notification by the State Transportation Engineer
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.
21. 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 the 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
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No. 37-99
and fuel dispensing pumps upon the right of way of the project and
it will require that any gas and fuel dispensing pumps erected,
moved or installed along the project be placed no less than twelve
feet back of the right of way line. Ail right of way provided for
the 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.
22. The City agrees to locate and shall be responsible for
all costs necessary to remedy or clean up any hazardous waste site,
including, but not limited to, leaking underground storage tanks
that are discovered on right of ways, easements and access rights
acquired by the City. The City shall be responsible to the
Secretary for all damages, fines or penalties, expenses, claims and
costs incurred by the Secretary from any hazardous waste site
discovered on right of ways, easements and access rights acquired
by the City.
For any hazardous waste site, including but not limited
to, leaking underground storage tanks, the City shall hold
harmless, defend and indemnify the Secretary, its agents and
employees against and from all damages, expenses and costs incurred
by any person, the State of Kansas, or the United States Government
for determining and undertaking remedial action, any fines or
penalties assessed under State or Federal laws, contract claims,
personal injury claims, and damage of or loss of natural resources.
It is specifically agreed between the parties executing
this contract that any provision of this hazardous waste clause is
not intended to make the public, or any member thereof, a third
party beneficiary hereunder, or to authorize anyone not a party of
this contract to maintain a suit for personal injuries, property
damages, or hazardous waste claims. The duties, obligations and
responsibilities of the parties to this contract with respect to
third parties shall remain as imposed by law.
The City by signing this agreement with the Secretary has
not repudiated, abandoned, surrendered, waived or forfeited its
right to bring any action, seek indemnification or seek any other
form of recovery or remedy against any third party responsible for
any hazardous waste on any rights of way, easements, and access
rights acquired by the City. The City reserves the right to bring
any action against any third party for any hazardous waste site on
any rights of way, easements, and access rights acquired by the
City.
The term hazardous waste includes, but is not limited to,
any substance which meets the test of hazardous waste
characteristics by exhibiting flammability, corrosivity, or
reactivity, or which is defined by federal and state laws and
regulation, and any pollutant or contaminant which may present an
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No. 37-99
imminent and substantial danger to the public health or welfare.
Any hazardous waste as defined by Federal and State laws and
regulations and amendments occurring after November tl, 1991 are
incorporated by reference and include but not limited to: (1) 40
C.F.R. Sec. 261 et. seq., Hazardous Waste Management System;
Identification and Listing of Hazardous Waste; Toxicity
Characteristics Revisions; Final Rule; (2) 40 C.F.R. Sec. 280 et.
seq., Underground Storage Tanks; Technical Requirements and State
Program Approval; Final Rules; (3) 40 C.F.R. Sec. 300, National Oil
and Hazardous Substances Pollution Contingency Plan; Final Rule;
and (4) K.S.A. 1990 Supp. 65-3431 et. seq., Hazardous Waste.
The standards to establish cleanup of a hazardous waste
site include, but is not limited to, Federal programs administered
by the E.P.A., Kansas environmental laws and regulations, and city
and county standards where the hazardous waste site is located.
23. The City agrees to control parking of vehicles on the
city street throughout the length of the project covered by this
Agreement. On-street parking will be permitted until such time as
parking interferes with the orderly flow of traffic along the
street.
24. 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.
25. The City agrees to control the construction or use of any
entrances along the project within the City other than those shown
on the approved plans, unless prior approvaI"is obtained from the
Secretary and the Federal Highway Administration.
26. 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 as authorized by K.S.A. 8-2005, shall
conform to the manual and specifications adopted under K.S.A.
8-2003, and any amendments thereto are incorporated by reference
and shall be subject to the approval of the Federal Highway
Administration.
27. Responsibility for damage claims: The contractor shall
be required to indemnify and save the Secretary and the City
harmless from and against all liability for damages, costs, and
expenses arising out of any claim, suite, 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.
No. 37-99
28. 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.
29. The parties do hereby agree that the "Special Attachment
No. 1" attached hereto, pertaining to the implementation of the
Civil Rights Act of 1964, is hereby made a part of this Agreement.
30. 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.
31. It is expressly agreed that no third party beneficiaries
are intended to be created by this Agreement, nor do the parties
herein authorize anyone not a party to this Agreement to maintain
a suit for damages pursuant to the terms or provisions of this
Agreement.
IN WITNESS WHEREOF the parties hereto have caused this
Agreement to be signed by their duly authorized officers on the day
and year first above written.
ATTEST: THE CITY OF SALINA, KANSAS
CITY CLERK MAYOR
E. DEAN CARLSON
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 ANY AMENDMENTS THERETO,
REHABILITATION ACT OF 1973, AND ANY AMENDMENTS THERETO,
AMERICANS WITH DISABILITIES ACT OF 1990, AND ANY AMENDMENTS THERETO
AGE DISCRIMINATION ACT OF 1975, AND ANY AMENDMENTS THERETO,
EXECUTIVE ORDER 12898, FEDERAL ACTIONS TO ADDRESS ENVIRONMENTAL JUSTICE IN
MINORITY POPULATIONS AND LOW INCOME POPULATIONS (1994) AND ANY AMENDMENTS
THERETO,
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 Acto f 1973 (87
Stat. 355) and the Americans with Disabilities Act of 1990 (42 USC 12101), the Age Discrimination Act
of 1975 (42 USC 6101), the Regulations of the U.S. Department of Transportation (49 C.F.R., Part 21,
23 and 27), issued pursuant to such Act, and Executive Order.'12898, Federal Actions to Address
Environmental Justice in Minodty Populations, and Low Income Populations (1994), hereby notifies all
contracting parties that, the contracting parties will affirmatively insure that this contract will be
implemented without discrimination on the grounds of race, religion, color, gender, age, disability,
national origin, or minority populations and Iow income populations as more specifically set out in the
following nine "Nondiscrimination Clauses".
CLARIFICATION
Where the term "consultant" appears in the following seven "Nondiscrimination Clauses", the term
"consultant" is understood to include all parties to contracts or agreements with the Secretary of
Transportation of the State of Kansas.
(Revised 9-19-95)
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 "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 prohibited by Section 21.5 of the Regulations, including employment
practices when the contract covers a program set forth in Appendix B of the Regulations.
(3) Solicitations for Subcontractors, Including Procurements of 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 consultant of the
consultants obligation under this contract and the Regulations relative to nondiscrimination
on the grounds of race, religion, color, gender, age, disability 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 consultant is in the exclusive possession of another who fails
or refuses to furnish this information, the consultant shall so certify to the Secretary of
Transportation of the State of Kansas and shall set forth what efforts it has made to
obtain the information.
(5) Employment: The consultant will not discriminate against any employee or applicant for
employment because of race, religion, color, gender, age, disability or national origin.
(Revised 9-19-95)
Special Attachment No. 1
Sheet 3 of 3
(6) Sanctions for Noncompliance: In the event of the consultant's noncompliance with the
nondiscrimination provisions of this contract, the Secretary of Transportation of the State
of Kansas shall impose such contract sanctions as the Secretary of Transportation of the
State of Kansas may determine to be appropriate, including, but not limited to,
(a) withholding of payments to the consultant under the contract until the contractor
complies, and/or
(b) cancellation, termination or suspension of the contract, in whole or in part.
(7) Disadvantaged Business Obligation
(a) 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, gender, age, disability
national origin in the award and performance of Federally-assisted contracts.
(8) Executive Order 12898
(a) To the extend permitted by existing law, and whenever practical and appropriate,
all necessary and reasonable steps shall be taken in accordance with Executive
Order 12898 to collect, maintain, and analyze information on the race, color,
national origin and income level of persons affected by the planning and
environmental process.
(9) Incorporation of Provisions: The consultant will include the provisions of paragraph (1)
through (8) in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the Regulations, order, or instructions issued pursuant
thereto. The consultant will take such action with respect to any subcontract or
procurement as the Secretary of Transportation of the State of Kansas may direct as a
means of enforcing such provisions including sanctions for noncompliance: Provided,
however, that, in the event a consultant becomes involved in, or is threatened with,
litigation with a subcontractor or supplier as a result of such direction, the consultant may
request the State to enter into such litigation to protect the interests of the State.
(Revised 9~19-96)