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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 ~0' 1230 1231 :1230 / 1235 · t275 1247 // ~ 36' olower PAL AIRPO 47~30. 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, - 1 - 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 - 2 - No. 37-99 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. - 3 - No. 37-99 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. - 4 - 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 - 5 - 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 - 6 - 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 -- 8 -- 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)