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kdot magnolia and 9th City of Salina P.O. Box 736 Salina, Kansas 67402-0736 101410 2/26/92 (RECEIPT NO. 11410 DESCRIPTION AMOUNT 265.14 REIMBURSEMENTS-GENERAL PROJ #85 U 088901 CHECK NUMBER 0005744437 TOTAL TENDERED CHANGE 265.14 265.14 .00 RECEIVED FROM: STATE OF KANSAS RECEIVED BY: CC ORIGINAL RECEIPT L -~-~--~ .--- ----------- _.- ~----+~--~ -.....--_._~ ..~----.~~~-_.~---->_.__.. --.-:.----- --- . -- ..~-------~- ..~~.- ----, 1 . -, : ;~~~;: r">'! ~';T' '1 ::;'::::,:!!'!::!;;;(~::X;i~'~:\': .t:,;;:'l;:::;~,,;~,:"~'(';\:~~~;;<t::;;;, ':: :,,~;,~;':' "';' ~,::\:;: .' : ::.;,;:':<'0,. ~y. X.R .i~::;\; "1' :;:;~,;:::..:,,;;~~~~~~\:~I,i;Ij<~~~~~~~:i:!k:\':I;\i'i1~>0ii,:,~~:5::Z4AA 3 7 ' : li:i:ii:~\;\\\;p~:~:::\J~.i;:;~'~;~:!:;.i\\'~z:ii:';~:~~:~i~jjy:~~~~t~~~(,~~&g~;iibiJ~~tfr11A$r~f6:~<<;;:t$#h;Sttri).~~~i:':f?4!ol';~ ~~,~..~~1; <:.. ~ ~.~'.1::_";\i',1i)~njf,;ii;;i:;,;;';,:::::;:;!'(:,;!>fi;:ii!fI;;;"{!i~'O,'Ei ""IlK &lili{;'!;OF,Sl:l:R'AW:S:Pl'iRl:111:1Dliu/!f;':;/f{iL4,'!/,,';H)i1;/?;j,:0,/jL"k\:;:'",,'/,!;:~f/,'1,;\~"'f ';1':'" -\, f "", -";,,~-~;" ,r:-":.. ~'-:,1J ..- , STATE OF KANSAS Michael.L. Johnston Secretary a/Transportation KANSAS DEPARTMENT OF TRANSPORTATION Docking State Office Building Topeka 66612-1568 (913) 296-3566 FAX - (913) 296-1095 Bureau of Fiscal Services February 25. 1992 Joan Finney Governor of Kallsas Project\No. 85 U -0889-01 RECEIVED FED 2 6 1992 CITY MANAGER'S OFFICE Mr. Dennis Kissinger City Manager City of Salina 300 W. Ash. P.O. Box 736 Salina. Kansas 67402-0736 Dear Mr. Kissinger. Attached is a Statement of Final Project Cost for work performed under our agreement number 8-84 dated February 13. 1984. The location of the project is generally described as. A safety project for widening the east leg of Magnolia for a left turn lane. installing new traffic signals and pavement markings on the federal-aid system at the intersection of Ninth Street and Magnolia Road in the City of Salina. The statement indicates the Kansas Department of Transporta- tion owes the City of Salina a refund of $265.14. We are enclosing a warrant in this amount payable to the City. If you have any questions. please contact the undersigned. Sincerely. DALE JOST. Chief Bureau of Fiscal Services c?~~ By, JOHN EHMEN Chief Accountant - Federal Aid DJ.JE,LR Att. cc. Bureau of Traffic Engineering , - Kansas Department of Transportation Statement of Final Project Cost Project 85 U -0889-01 Contract Cost of Grading and Bituminous Surfacing Total Participating Contract Cost 206.667.50 Cost of Construction Engineering by KDOT Total Participating Cost of Const.Engr. 23.633.68 Total Participating Project Cost FHWA Nonparticipating Items Federal Aid Billing Total Nonparticipating Cost 928.78 Total Actual Project Cost Less Federal Funds (230,301.18 X 90\1 Total City Share Less City Funds Deposited Amount KDOT Owes City 206,667.50 23.633.68 230,301.18 928.78 231,229.96 207.271.06 23,958.90 24.224.04 265.14 ctaaaaaaaaa IW'~'NO I l/i~"0;i!;11 ~~"'''''iUS6G2 I STATE OF KANSAS Depan~nl of Administration Division of Accounts and Rcpons DA-120 DOT-2 (Rev. 2-90) PAYMENT VOUCHER Document Date: O~ ~ 1,,/:). Effective Date: Due Date: Vendor Infonnation No/ Sfx 486017251 01 Name City of Se1i n" Street p 0 Sox 736 City Salina Slate Kansas Zip 1574012-01"7<15 s~l r:7 I ',[Doc Sfx M Fund BFY Index PCA Sub-Obj Do< Amount 4200 92 0950 99500 4010 265.14 Invoi(;e~o Descriplioll Agency Use sr, IT/C l.dD" sr, M Fund BFY IndCl( FCA Sub-Obj Do< Amount 02 InvoiccSo_ Description AgcncyUse sr, I'/C I '''Doc. Sf, M Fund BFY Index PCA Sub-Obj Do< Amount 03 ]1I\'Olce\"o. Descriplion AgcncyUse srll IT/C I.".DOC' sr, M Fund Br:y Index PCA Sub-Obj "', AmOllnl 04 . [n"Ulee.'-:" Descriplinll Agency Use l)QCumentTOI:ll ~~~ .",,- Dale and Quantity Unit Description Unit Price Amount. Invoice No. Project 85 U -0889-01 HES 4817 ( 3 ) Reimbursement of monies deposited in excess of project cost. 265.14 Document Total $265.1'4 Audited: Coded: Approved: Approved: Approved: officcrincharl!c Bureau ChicflDbt. En". Sla\eTfllnsponadOl1ConU'OlIer I do hereby certify that the above bill is just, correct, and remains due and unpaid, and that I do hereby cenify that the within was contracted for the State, under the amount claimed therein is actually due according to the law. authority of law, and that the amount therein claimed is correct according to such contract and is unpaid. (Claimanlsillnhere) (Finn Name) By , D.. 19 Paying Agency Name & Address Kansas Departme~t of Transportation ,Bureau of Fiscal Services 7th Floor Docking State Office Bdg. Topeka. Kansas 66612-1568 Rev. 2-90 AN EQUAL OPPORTUNITY EMPLOYER D.C.T. FORM NO. 424 . ./ ~ -~. :"........ JOHN B. KEMP, Secretary of Transportation JOHN CARLIN, Governor '::<.,~\G\ TR4J/1~ ~II~~ ~.q., 1-...:.,/ ''.~ ""'( .. 'I)> <t. . ...'~ ....._1 . "~,.'~ ~ ".- .' '5:::> '(?\. ;';;-.;~~ . i4N~S. J KANSAS DEPARTMENT OF TRANSPORTATION STATE OFFICE BUILDING-TOPEKA. KANSAS 66612-U;68 BUREAU OF MANAGEMENT SERVICES November 4, 1985 KDOT PROJECT NO: 85-U-0889-01 City Clerk City of Salina P. O. Box 746 Salina, Kansas 67401 Attached you will find a preliminary Statement of Cost for work performed under our agreement number 8-84 dated February 13,1984. This statement is subject to revision and is not to be considered as a statement of final cost. A statement of final cost will be prepared at the appropriate time, however, this information may assist you in your financial planning. Sincerely, DALE JOST Controller ~4/ Chief Accountant-Federal Aid DGS: eo Att. cc: Bureau of Traffic Engineering ~j '- KANSAS DEPARTMENT OF TRANSPORTATION PRELIMINARY STATEMENT OF COST KDOT PROJECT NO. 85-u-0889-01 Contract Cost of Grading & Bit. Surfacing Estimated Cost of Construction Engineering Estimated Cost of FHWA Non-Participating Expense Estimated Total Project Cost Less Estimated Federal Funds (90% x 230,301.18) Estimated City Share Less City Funds Deposited $206,667.50 23,633.68 928.78 $231,229.96 207,271.06 $ 23,958.90 24,224.04 $ 265.14 Ci RESOLUTION NUMBER 84-3710 CITY RIGHT OF WAY WHEREAS, by resolution passed by the Governing Body of the City of Salina, Saline County, Kansas, and signed by the Mayor on February 13, 1984, said City agreed with the Kansas Department of Transportation and the Federal Highway Administration to furnish the right of way and access control within the city limits for the construction of the street or road as shown on the plans of Project Numbers 85 U-0889-01, 85 U-08990-01, and 85 U-08991-0t, and WHEREAS, the City of Salina, the Department of Transportation and the Federal Highway Administration desire that the construction of the above projects be commenced and completed without. unnecessary delay, SO NOW, THEREFORE BE IT RESOLVED by the Governing Body of the City of Salina, Kansas: That after such right of way has been obtained, the City Clerk be, and is hereby authorized to notify the Department of Transportation by certification, and said City hereby agrees to save the Department of Transportation and the Federal Highway Administration from any and all liability action or suit as a result of construction commenced in reliance upon said certification. Adopted by the Board of Commissioners and signed by the Mayor this 7th day of May, 1984. Cl~' r ~~~.... I . ! ( I,... \, ,.; \u..\\l.~ ~,\<C \.. Charles B. Roth, Mayor [SEAL] ATTEST: k-/!/11 . [/ ;~"~?-~~~v---' D. L. liarrison, City Clerk " STATE OF KANSAS ) ) SS COUNTY OF SALI NE ) I, D. L. Harrison, City Clerk of the City of Salina, Kansas, do hereby certify that Resolution Number 84-3710 was adopted by the Board of Commissioners at its regular meeting on May 7, 1984, and that the above and foregoing Is a true and correct copy of the original on file in my office. (SEAL) ~ D. L. Harrison, City Clerk / - July 2, 1984 Date " FEDERAL AID HAZARD ELIMINATION SAFETY AUTHORITY TO AWARO CONTRACT COMMITMENT OF CITY FUNDS Project No. 85 U-0889-01 HES-4817(00;) City of Sa J i na Sa line County WHEREAS, Bids were received at Topeka, Kansas, on June 21 ,19~, for the performance of work covered by plans on the ,above numbered project, and WHEREAS, the bidder and the low bid 'or bids on work covered by this p~oject: Contractor Division of Work Amount ", Brown & Brown Box 1266 Salina, KS 67401 Grading, Bit. Surfacing, Traffic Signals $210,643.85 WHEREAS, bids are considered satisfactory and have been recommended by Mr. John B. Kemp, as Secretary of Transportation of the State of Kansas, for consideration and acceptance by the City now, therefore, BE IT RESOLVED, that after due consideration by the City Commission/ Council this bid or these bids are acceptable and said Secretary of Trans-, portation is hereby authorized to award and execute the necessary contracts for completion of the work on this project as covered by such bid or bids. 15% of Bid for Construction Engineering $ 31,596.58 Total Cost $ 242,240.43 " 10% of Total $ 24.224.04 BE IT FURTHER RESOLVED, that City funds in the amount of $ 24,224.04 which are required for the matching of federal funds to complete this work are hereby pledged by the City to be remitted to the Controller of the Kansas Department of Transportation on or before July 20 ,1984, for use by the Secretary of Transportation of the State of Kansas, in making payments for construction work and engineering on the above designated proj ect. AdOPted this vet day of ATTEST: J-LY-'1 , 19Nat l' . "" 1':":'-(.,.......;;:..... , Kansas (Sea I) 1"- -/-1 \ b~,~....- City Clerk m' ! r ,\"') ~ rn ~\-v-\s-~-t:S . ~" Mayor July 2, 1984 Date FEDERAL AID HAZARD ELIMINATION SAFETY AUTHORITY TO AWARD CONTRACT COMMITMENT OF CITY FUNDS Project No. 85 U-0890-01 HES 4807(002) City of Salina SalIne County WHEREAS, Bids were received at Topeka , Kansas, on June 21 , 1984, for the performance of work covered by plans on the ,above numbered project, and WHEREAS, the bidder and the low bid or bids on work covered by this proj ect: Contractor Division of Work Amount Brown & Brown Box 1266 Salina, KS 67401 Grading, Surfacing, & Traffic Signals $247,400.85 WHEREAS, bids are considered satisfactory and have been recommended by Mr. John B. Kemp, as Secretary of Transportation of the State of Kansas, for consideration and acceptance,by the City now, therefore, BE IT RESOLVED, that after due consideration by the City Commission! Council this bid or these bids are accePtable and said Secretary of Trans-, portation is hereby authorized to award and execute the necessary contracts for completion of the work on this project as covered by such bid or bids. 15% of Bid for Construction Engineering $ 37,110.13 Total Cost $ 284,510.98 .' 10% of Total $ 28,451.10 BE IT FURTHER RESOLVED, that City funds in the amount of $ 28,451.10 which are required for the matching of federal funds to complete this work are hereby pledged by the City to be remitted to the Controller of the Kansas Department of Transportation on or before July 20 , 1984, for use by the Secretary of Transportation of the State of Kansas, in making payments for construction work and engineering on the above designated proj ect. Adopted this ~ti day of ATTEST: :r ' i,) , 191Yat )lit...-.:" , Kansas (Seal) ", \ ~11 , C / I ~v1,u.--c>- City C I ark aL-G:~~ Mayor July 2, 1984 DATE FEDERAL AID SAFETY AUTHORITY TO AWARD CONTRACT COMMITMENT OF CITY FUNDS Project No. 85 U-0891-01 City of Salina HES-4817(0041 Sa line County WHEREAS, Bids were received at Topeka ,Kansas on June 21 , 1984 for the performance of work covered by plans on the above numbered project, and -- WHEREAS, the bidder and the low bid or bids on work covered by tMls project: Cont ractor Brown & Brown Box 1266 Sal ina, KS 67401 WHEREAS, bids are considered satisfactory and have been recommended by Mr. John B. Kemp, as Secretary of Transportation of the State of Kansas, for consideration and acceptance by the City, now, therefore. Address Division of Wbrk Grading, Surfacing & Traffic Signals Amount $87,550.10 BE IT RESOLVED, that after due consideration by the City (Commission) (Council) this bid or these bids are acceptable and said Secretary of Transportation is hereby authorized to award and execute the necessary contracts for completion of the work on this project as covered by such bid or bids. 15% of Bid for Construction EngineerIng 10% of Total $ $ $ 13,132.52 100,~82.62 10,068.26 Total Cost BE IT FURTHER RESOLVED, that City funds in the amount of $10.068.26 which are required for the matching of federal funds to complete this work are hereby pledged by the City to be remitted to the Controller of the Kansas Department of Transportation on or before July 20 ,1984, for use by the Secretary of Transportation of the State of Kansas, in making payments for construction work and engineering on the above designated project. Adopted this CJ-d. day of ~ , 191Yat ./a t.ljC~~ " , Kansas ATTEST: ~ seal flt~t'w,-~~ CITY CLERK ~J~,~ MAYOR - ~' copy to Secretary of Transportation copy to City CERTIFICATION OF REAL PROPERTY ACQUISITION PROCEDURES The City of Salina , Kansas, certifies that all real property for Project No. 85U-0889-0l was acquired In compliance with the procedures listed below which are required by federal and state law: 1.) Real property shall be appraised before the initiation of negotiations, and the owner or his designated representative shall be given an opportunity to accompany the appraiser during his inspection of the property. 2.) Before the initiation of negotiations for real property, an amount shall be established which is reasonably believed to be just compensation therefore; and a prompt offer shall be made to acquire the property for the full amount so established. In no event shall such amount be less than the approved appraisal of fair market value of such property. 3.) Any decrease or Increase of the fair market value of real property prior to the date of valuation caused by the project for which such property Is acquired or by the likelihood that the property would be acquired for such project, other than that due to physical deterioration within the reasonable control of the owner, will be disregarded In determining the compensation for the property. 4.) Every reasonable effort shall be made to acquire, expeditiously, real property by negotiation. 5.) The owner of the real property to be acquired shall be provided wI th a wri tten statement of, and summary of the bas I s for, the amount established as just compensation. 6.) In no event shall coercive action be taken to compel an agreement on the price to be paid for the property. 7.) No owner shall be requi red to surrender possession of real property before the agreed purchase price is paid or before there is deposited with the court the amount of the award of compensation in the condemna- tion proceedings for such property. 8.) If an interest in real property Is to be acquired by exercise of. the power of eminent domain, formal condemnation proceedings shall be Instituted. (This means that it will not be necessary for the property owner to file Inverse condemnation proceedings to prove that he is the owner of the real estate that is being taken). 9.) The project shall be so scheduled that, to the greatest extent practicable, no person lawfully occupying real property shall be required to move from a dwelling or to move his business or farm operation without at least (90) ninety days written notice from the date by which such move is required. .... 'j , 10.) If acquisition of only part of a property would leave its owner with an uneconomic remnant, an offer shall be made to acquire the remnant. The Bureau of Traffic Engineering will be contacted should this situation arise. 11.) If there are buildings, structures, or other Improvements owned by tenant or landowner which are to be acquired or relocated, the Kansas Department of Transportation's Bureau of Traffic Engineering will be contacted for guidance as to proper procedures. 12.) Property owners are to be reimbursed to the extent determined fair and reasonable for expenses necessarily Incurred for (1) recording fees, transfer taxes, and similar expenses incidental to conveying such real property; (2) penalty costs for prepayment of any pre-existing recorded mortgage encumbering such real property; (3) the eligible pro rata portion of paid real property taxes. 13.) If the final judgment is that the property cannot be acquired by condemnation or the proceeding Is abandoned by the county, or If a property owner successfully maintains an inverse condemnation action, the property owner is to be reimbursed for reasonable costs awarded to the owner by the court for such items as attorney. appraiser and engineering fees actually Incurred because of the condemnation pro- ceedings. The Bureau of Traffic Engineering will be contacted before payment Is made to the landowner should this situation arise. 14.) Nothing in this directive shall be construed to prevent a person whose real property Is being acquired for a federally aided highway project from making a gift or donation of such property. or any part thereof, or any of the compensation paid therefore, after such person has been fully informed of his right to receive just compensation for the ac- quisition of his property. ~ CITY CLERK ~~~ MAYOR 'lay 7, 1984 DATE July 2, 1984 ~ ~\ TR41'.;: ~/ ~J~ ~/ ~\~ =~ -- j:l> <:C. ..'~ 0- . ._- '!?:;j '(?~< "<,-.;~~ . ,f'4N-ft:. Co, . J ;. \, KANSAS DEPARTMENT OF TRANSPORTATION .' STATE OFFICE BUlLDING-TOPEKA. KANSAS 66612 JOHN B. KEMP, Secretary of Transportation JOHN CARLIN, Governor Grading, Surfacing, Traffic Signals and Pavement Marking City of Sa Ii na Sa II ne County RE: 85 u-0889-01 HES-4817(003) 85 u-0890-01 HES-4807(002) 85 u-0891-01 HES-4817(004) Hr. D. L. Harrison City Clerk/Director of Finance P. O. Box 746 Salina, Kansas 67401 Dear Hr. Harrison: The Kansas Department of Transportation received bids for the above noted projects on JU88 21, 1984. We are transmitting herewith authority forms requesting concurrence In the low bids so that the Secretary of Transportation may award the contracts for these projects. Please return the fully executed "Authority to Award Contract and Commitment of City Funds" forms to the Bureau of Traffic Engineering at your first opportunity after your City Commission has approved these actions. Very truly yours, FJR:JET:dd Transmittal cc: Hr. D. W. Bassett, Traffic Engineer, Salina Hr. R. L. Anderson, District Two Engineer F. J. Reid, P. E., Chief Bureau of Traffic Engineering cj~ ames E. Tobaben, P. E. Assistant Traffic Engineer -') - .>:.-. .r- '1'-- " RESOLUTION NUMBER 84-3720 FEDERAL AID HAZARD ELIMINATION SAFETY AUTHORITY TO AWARD CONTRACT COMMITMENT OF CITY FUNDS , Project No. 85 U-0889-01 HES-4817(003) City of Salina, Saline County WHEREAS, Bids were received at Topeka, Kansas on June 21, 1984 for the performance of work covered by plans on the above numbered project, and project: WHEREAS, the bidder and the low bid or bids on work covered by this CONTRACTOR DIVISION OF WORK AMOUNT $210,643.85 Brown & Brown, Inc. Box 1266 Salina, KS 67402-1266 Grading & Bituminous Surfacing Traffic Signals WHEREAS, bids are considered satisfactory and have been recommended by Mr. John B. Kemp, as Secretary of Transportation of the State of Kansas, for for consideration and acceptance by the City, SO NOW, THEREFORE BE IT RESOLVED by the Governing Body of the City of Salina, Kansas: That after due consideration by the Board of Commissioners, this bid or these bids are acceptable and said Secretary of Transportation is hereby authorized to award and execute the necessary contracts for completion of the work on this project as covered by such bid or bids. 15% of Bid for Construction Engineering 10% of Total $31,596.58 242,240.43 24,224.04 Total Cost BE IT FURTHER RESOLVED that City funds in the amount of $24,224.04 which are required for the matching of federal funds to complete this work are hereby pledged by the City to be remitted to the Controller of the Kansas Department of Transportation on or before July 20, 1984, for use by the Secretary of Transportation of the State of Kansas, in making payments for construction work and engineering on the above designated project. Adopted by the Board of Commissioners and signed by the Mayor this 9th day of July, 1984. ('\' ( ,~ " ,.---. .,---;. ,., , I .'.:.li . \./ \',' I .... \...\i'\G., \vL~ I::::' . Ki \,~ "- Charles ~, Koth, Mayor [SEAL] ATTEST: .' , t., ,'\ ' -/J \ _.-,' J:~'-l )",L..t)--- D. L. Harrison, City Clerk STATE OF KANSAS ) ) SS COUNTY OF SALINE ) I, D. L. Harrison, City Clerk of the City of Salina, Kansas, do hereb certify that Resolution Number 84-3720 was adopted by the Board of Commissione s at its regular meeting on July 9, 1984, and that the above and foregoing is a true and correct copy of the original on file in my office. (SEAL) ~ I), L. Harrison, City Clerk :-:-.'-".:,.;"J" -'c, -',' . ....r,.'' . RESOLUTION NUMSER 84-3721 FEDERAL AID HAZARD ELIMINATION SAFETY AUTHORITY TO AWARD CONTRACT COMMITMENT OF CITY FUNDS " Project No. 85 U-0890-01 HES 4807(002) City of Salina, Saline County WHEREAS, Bids were received at Topeka, Kansas on June 21,1984 for the performance of work covered by plans on the above numbered project, and WHEREAS, the bidder and the low bid or bids on work covered by this project were: CONTRACTOR DIVISION OF WORK AMOUNT Brown & Brown, Inc. Box 1266 Salina, KS 67402-1266 Grading, Surfacing & Traffic Signals $247,400.85 WHEREAS, bids are considered satisfactory and have been recommended by Mr. John B. Kemp, as Secretary of Transportation of the State of Kansas, for for consideration and acceptance by the City, SO NOW, THEREFORE BE IT RESOLVED by the Governing Body of the City of Salina, Kansas: That after due consideration by the Board of Commissioners, this bid or these bids are acceptable and said Secretary of Transportation is hereby authorized to award and execute the necessary contracts for completion of the work on this project as covered by such bid or bids. 15% of Bid for Construction Engineering $37,110.13 284,510.98 Total Cost 10% of Total 28,451.10 BE IT FURTHER RESOLVED that City funds in the amount of $28,451.10 which are required for the matching of federal funds to complete this work are hereby pledged by the City to be remitted to the Controller of the Kansas Department of Transportation on or before July 20, 1984, for use by the Secretary of Transportation of the State of Kansas, in making payment for construction work and engineering on the above designated project. Adopted by the Board of Commissioners and signed by the Mayor this 9th day of July, 1984. ("'r." ( ~-----. - ----, /{' ii' '~ '.... I ~ ',~. ' \~ 1/ (' I \_" ~ I ,.::::.- ,\-iC ".v " Ch;Xes t. Kot , Mayor [SEAL] ATTEST: b/2~,,~~.- D. L. Harrison, City Clerk STATE OF KANSAS ) } SS COUNTY OF SALINE } I, D. L. Harrison, City Clerk of the City of Salina, Kansas, do hereb certify that Resolution Number 84-3721 was adopted by the Board of Commissione s at its regular meeting on July 9, 1984, and that the above and foregoing is a true and correct copy of the original on file in my office. (SEAL) Au ) , D. ~~ Clerk I l . RESOLUTION NUMBER 84-3722 CONW~'OATI<>.""L'NA FEDERAL AID HAZARD ELIMINATION SAFETY AUTHORITY TO AWARD CONTRACT COMMITMENT OF CITY FUNDS Project No. 85 U-0891-01 HES 4817(004) City of Salina, Saline County WHEREAS, Bids were received at Topeka, Kansas on June 21, 1984 for the performance of work covered by plans on the above numbered project, and WHEREAS, the bidder and the low bid or bids on work covered by this project: CONTRACTOR DIVISION OF WORK AMOUNT Brown & Brown, Inc. Grading, Surfacing & Traffic $87,550.10 Box 1266 Signals Salina, KS 67402-1266 WHEREAS, bids are considered satisfactory and have been recommended by Mr. John B. Kemp, as Secretary of Transportation of the State of Kansas. for for consideration and acceptance by the City, SO NOW, THEREFORE BE IT RESOLVED by the Governing Body of the City of Salina, Kansas: That after due consideration by the Board of Commissioners, this bid or these bids are acceptable and said Secretary of Transportation is hereby authorized to award and execute the necessary contracts for completion of the work on this project as covered by such bid or bids. 15% of Bid for Construction Engineering $13,132.52 Total Cost 10% of Total 100,682.62 10,068.26 BE IT FURTHER RESOLVED that City funds in the amount of $10,068.26 which are required for the matching of Federal funds to complete this work are hereby pledged by the City to be remitted to the Controller of the Kansas Department of Transportation on or before July 20, 1984, for use by the Secretary of Transportation of the State of Kansas, in making payment for construction work and engineering on the above designated project. Adopted by the Board of Commissioners and signed by the Mayor this 9th day of July, 1984. [SEAL] ATTEST: r"! "\ ^._~. /d \ -, /,'/l--~'I" r --" -. ___-1....1.- .....'--;:>.... D. L. Harrison, City Clerk STATE OF KANSAS ) ) SS COUNTY OF SALINE ) I, D. L. Harrison, City Clerk of the City of Salina, Kansas, do hereb certify that Resolution Number 84-3722 was adopted by the Board of Commissione s at its regular meeting on July 9, 1984, and that the above and foregoing is a true and correct copy of the original on file in my office. (SEAL) ~ D. L. Harrison, City Clerk ~ , C1 TY OF SALI NA REQUEST FOR COMMISSION ACTION DATE 7/9/1984 TIME 4'00 P M . AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: A~~ FpR NO. 6 Engineering AN'V1 ITEM . J' I........, NC. 3 B?~ ~1 BY: Dean Boyer . Resolution Numbers 84-3720, 84-3721, 84-3722 - authorizing the State Secretary of Transportation to award the contracts involving traffic signal improvements at three (3) intersections within the city limits. Project No. Location Total Cost City Share 85U-0389-01 9th & ~lagno 1 i a $242,240.43 $24,224.04 85U-0890-01 Broadway & State $284,510.98 $28,451.10 85U-0891-01 9th & South $100,682.62 $10,068.26 Totals $627,434.03 $62,743.40 Brown & Brown, Inc., Salina, Kansas, submitted the low bid on all three (3) projects. The Kansas Department of Transportation has allowed approximately 50 working days for the contractor to complete each project. COMMISSION ACTION , MOTION BY SECOND BY TO: J RESOLUTION NUMBER 84-3720 FEDERAL AID HAZARD ELIMINATION SAFETY AUTHORITY TO AWARD CONTRACT COMMITMENT OF CITY FUNDS Project No. 85 U-0889-01 HES-4817(003) City of Salina, Saline County WHEREAS, Bids were received at Topeka. Kansas on June 21. 1984 for the performance of work covered by plans on the above numbered project, and I WHEREAS, the bidder and the low bid or bids on work covered by this I project: i I CONTRACTOR DIVISION OF WORK AMOUNT i Drown & Brown, Inc. Grading S BJtuminous Surfacing $210.643.85 1 Box 1266 Traffic Signals Salina, KS 67402-1266 , WHEREAS. bids are considered satisfactory and have been recommended I by Mr. John B. Kemp. as Secretary of Transportation of the State of Kansas, for I for consideration and acceptance by the City. SO NOW. THEREFORE i BE IT RESOLVED by the Governing Body of the City of Salina, Kansas: i I That after due consideration by the Board of Commissioners. this bid or these bids are acceptable and said Secretary of Transportation is hereby authorized to award and execute the necessary contracts for completion of the I work on this project as covered by such bid or bids. 15% of Bid for Construction Engineering $31,596.58 Total Cost 242,240.43 j I I BE IT FURTHER RESOLVED that City funds in the amount of $2Q,224.041 which are required for the matching of federal funds to complete this work are i hereby pledged by the City to be remitted to the Controller of the Kansas , Department of Transportation on or before July 20, 1984, for use by the Secretary of Transportation of the State of Kansas. in making payments for construction work and engineering on the above designated project. 10% of Total 24,224.04 Adopted by the Board of Commissioners and signed by the Mayor this 9th day of July, 1984. (...harles l:S. K.oth, Mayor [SEAL! ATTEST: u. L.. Harrison. Llty Llerk " RESOLUTION NUMBER 84-3721 FEDERAL A I D HAZARD ELIMINATION SAFETY AUTHORITY TO AIVARD CONTRACT COMMITMENT OF CITY FUNDS Project No. 85 U-0890-01 HES 4807 (002) City of Salina, Saline County WHEREAS. Bids were received at Topeka. Kansas on June 21. 1984 for the performance of work covered by plans on the above numbered project, and WHEREAS. the bidder and the low bid or bids on work covered by this project were: I I Brown & Brown, Inc. Grading. Surfacing & Traffic $247,400.85 I Box 1266 Signals Salina, KS 67402-1266 I WHEREAS, bids are considered satisfactory and have been recommended, I by Mr. John B. Kemp. as Secretary of Transportation of the State of Kansas, for! for consideration and acceptance by the City. SO NOW, THEREFORE I BE IT RESOLVED by the Governing Body of the City of Salina, Kansas:! CONTRACTOR DIVISION OF WORK AMOUNT That after due consideration by the Board of Commissioners. this bid or these bids are acceptable and said Secretary of Transportation is hereby authorized to award and execute the necessary contracts for completion of the work on this project as covered by such bid or bids. 15% of Bid for Construction Engineering Total Cost $37.110.13 284,510.98 10% of Total 28,451.10 BE IT FURTHER RESOLVED that City funds in the amount of $28,451.10[ which are required for the matching of federal funds to complete this work are I hereby pledged by the City to be remitted to the Controller of the Kansas i Department of Transportation on or before July 20. 1984. for use by the I Secretary of Transportation of the State of Kansas. in making payment for construction work and engineering on the above designated project. Adopted by the Board of Commissioners and signed by the Mayor this 9th day of July, 1984. l.t\arles I:L Koth. Mayor [SEALj ATTEST: D. L. Harrison, <":Ity <":Ierk ~. " -- ..- . , RESOLUTION NUMBER 84-3722 FEDERAL AID HAZARD ELIMINATION SAFETY AUTHORITY TO AWARD CONTRACT COMMITMENT OF CITY FUNDS Project No. 85 U-0891-01 HES 4817(004) City of Salina, Salln~ County WHEREAS, Bids were received at Topeka. Kansas on June 21, 19811 for the performance of work covered by plans on the above numbered project, and project: WHEREAS. the bidder and the low bid or bids on work covered by this CONTRACTOR DIVISION OF IVORK AMOUNT 8rown & Brown, Inc. Grading, Surfacing & Traffic Box 1266 Signals Salina. KS 67402-1266 I I WHEREAS. bids are considered satisfactory and have been recommended i I by Mr. John 8. Kemp, as Secretary of Transportation of the State of Kansas, for i I for consideration and acceptance by the City, SO NOW. THEREFORE ! i II I I 587,550,10 BE IT RESOLVED by the Governing Body of the City of Salina, Kansas:! ! Th<lt after due consideration by the Board of Commissioners, this bid or these bids are acceptable and said Secretary of Transportation is hereby uuthorized to award and execute the necessary contracts for completion of the work on this project as covered by slJch bid or bids. I ; I I I , BE IT FURTHER RESOLVED that City funds In the amount of $10,068.26i which are required for the matching of Federal funds to complete this work are i hereby pledged by the City to be remitted to the Controller of the Kansas I Department of Transportation on or before July 20.. 1984.. for use by the ! Secretary of Transportation of the State of Kansas, in making payment for ! construction work and engineering on the above designated project. 15% of Bid for Construction, Engineering $13,132.52 Total Cost 100,682.62 10% of Total 10,068.26 Adopted by the Board of Commissioners and signed by the Mayor this 9th day of July. 1984, L:harles ti. J-(otn. Mayor [SEAL] ATTEST: u. L. t1arrlson. Llty Llerl< , JOHN B. KEMP, Secretary of Transportation JOHN CARLIN, Governor J KANSAS DEPARTMENT OF TRANSPORTATION STATE OFFICE BUILDING---JI'OPEKA, KANSAS 66612 July 19, 1984 85 U 0889-01 Ninth and Magnolia 85U 0890-01 Broadway and State 85 U 0891-01 Ninth and South City of Sal ina Sal ine County Dean Boyer, P. E. City Engineer City-County BuildIng 300 West Ash CIty of Sal ina Salina, Kansas 67401 Dear Mr. Boyer: This will acknowledge receipt of the City of Salina's warrant No. 81336 in the amount of $62,743.40. This represents the City's share of the above numbered projects. Thank you for your attention in thIs matter. SinCerelY~ [nu:_ '(7 F .'qtd, P. E. C ief of Traffic Engineering FJR:mj cc: Mr. W. D. Predmore, Director of Engineering and Design Mr. Fred E. Terry, Traffic Engineer > z :!l "" 10 ~ > ~ij /:) "" ~ ... '" :;l 0 "" > ~ ~ > .... ~ "" ~ 0- CO CO 0- ... ~ 0 ~ ~ m ~ ~ ~ , '" '" ~ e: ><l 'tl ll.= 0 .. ~ [~ ~. ... . ~ C> C> .... , i:>' ~I:'" . '" ~ CO ~ li'C:; 0 t: . ..... '" . ~ 0 "'> 0- ~ "", ~ '" ~ gl"J . ~ c: m . co ... " ~ '" .~ :;3 :;: "" ~ " > ~ P- C/) ... '" t ..., ... 0 .... \ ~ "tl L: ~== ~ ....~ Z ~= P 0> tI "!JCI1 f:l G'\ r:n~ Q ~== ~ n >-l (' 5!!~ i' S "' .?-,o z 4- f ~S ~CI1 > ii? r:n..... ~~ 'tl ,Q 'tl ~ ... ~ ~ '" [!;. '" ~ "" ~ tll '<l t:1 t:1 '" .. 'tl 1; ..... $ txl>3 ~ l'J:I; \ S; ~ c :i1~ 0 d [ S. (3 .. >.,. .,. .,. Q t'" ;;: ~ - " '" ~ t:1 \" I:'" >ol!l l'J B..... CJ ~ 10 o . '-0 c:: ~~ > ~f CJ ~ t'" .... >3 CO '-0 0 1< '-0 >3 > t'" , ,--- / /' , '1 .lJ.J \.olP July 2, 1984 Date FEDERAL AID HAZARD ELIMINATION SAFETY AUTHORITY TO AWARD CONTRACT COMMITMENT OF CITY FUNDS 1':ct tI ~ Project No, 85 U-0889-01 . HES-4817(001) City of Salina Sal ine County WHEREAS, Bids were received at Topeka, Kansas, on June 21 ,19~, for the performance of work covered by plans on the ,above numbered project, and WHEREAS, the bidder and the low bid or bids on work covered by this p~oject : Contractor Division of Work Amount Brown & Brown Box 1266 Salina, KS 67401 Grading, BIt. Surfacing, Traffic Signals $210,643.85 WHEREAS, bids are considered satisfactory and have been recommended by Hr. John B. Kemp, as Secretary of Transportation of the State of Kansas, for consideration and acceptance by the City now, therefore, BE IT RESOLVED, that after due consideration by the City Commissionl Council this bid or these bids are acceptable and said Secretary of Trans-, portation is hereby authorized to award and execute the necessary contracts for completion of the work on this project as covered by such bid or bids. 15% of Bid for Construction Engineering $ 31,596.58 Total Cost 10% of Total $ 242,240.43 $ 24,224.04 BE IT FURTHER RESOLVED, that City funds in the which are required for the matching of federal funds are hereby pledged by the City to be remitted to th Kansas Department of Transportation on or before for use by the Secretary of Transportation of the payments for construction work and engineering on t proj ect. amount of $ 24,224.04 to complete this work ro of the Jul 20 ,1984, sas, In making ove designated Adopted this qt!.. day of ATTEST: ~ , 19'1'<fat L--tl~"";~ , Kansas (Sea J) S4,~~v- City Clerk mJ.:B~, Mayor July 2, 1984 Date ( I ~rfffi)- FEDERAL AID HAZARD ELIMINATION SAFETY AUTHORITY TO AWARD CONTRACT COMMITMENT OF CITY FUNDS Project No. 85 U-0890-01 HES 4807(002) City of Salina Sa line County WHEREAS, Bids were received at Topeka , Kansas, on June 21 , 1984, for the performance of work covered by plans on the ,above numbered project, and WHEREAS, the bidder and the low bid 'or bids on work covered by this p~oject : Contractor Division of Work Amount -, Brown & Brown Box 1266 Salina, KS 67401 Grading, Surfacing, & Traffic Signals $247,400.85 WHEREAS, bids are considered satisfactory and have been recommended by Mr. John B. Kemp, as Secretary of Transportation of the State of Kansas, for consideration and acceptance ,by the City now, therefore, BE IT RESOLVED, that after due consideration by the City Commission! Council this bid or these bids are acceptable and said Secretary of Trans-. portation Is hereby authorized to award and execute the necessary contracts for completion of the work on this project as covered by such bid or bids. 15% of Bid for Construction Engineering $ 37,110.13 Total Cost $ 284,510.98 .' 10% of Total $ 28,451.10 BE IT FURTHER RESOLVED, that City funds in the amount of $ 28,451;10 which are required for the matching of federal funds to complete this work are hereby pledged by the City to be remitted to the Controller of the Kansas Department of Transportation on or before July 20 , 1984, for use by the Secretary of Transportation of the State of Kansas, in making payments for construction work and engineering on the above designated proj ect. AdOPted this ~ day of ATTEST: t'Lq , 19~rat )!~:. , Kansas (Sea 1) City Clerk Qt~J5~ &;~,~ Hayor July 2, 1984 DATE ~ FEDERAL AID SAFETY AUTHORITY TO AWARD CONTRACT COMMITMENT OF CITY FUNDS 1'(/1 of s:-1 Project No. 85 U-0891-01 City of Salina HES-4817(0041 Saline County WHEREAS, Bids were received at Topeka , Kansas on June 21 ,1984 for the performance of work covered by plans on the above numbered project, and -- WHEREAS, the bidder and the low bid or bids on work covered by this project: Cont ractor Brown & Brown Box 1266 Sa! Ina, KS 67401 WHEREAS, bids are considered satisfactory and have been recommended by Mr. John B. Kemp, as Secretary of Transportation of the State of Kansas, for consIderation and acceptance by the CIty, now, therefore, Address Division of Work Grading, Surfacing & Traffic Signals Amount $87,550.10 BE IT RESOLVED, that after due consideration by the City (Commission) (Council) this bid or these bids are acceptable and said Secretary of Transportation is hereby authorized to award and execute the necessary contracts for completion of the work on this project as covered by such bid or bids. 15% of Bid for Construction EngIneering $ $ $ 13,132.52 100,682.62 10,068.26 Total Cost 10% of Total BE IT FURTHER RESOLVED, that CIty funds In the amount of $10,068.26 which are required for the matching of federal funds to complete this work are hereby pledged by the City to be remitted to the Controller of the Kansas Department of Transportation on or before July 20 ,1984, for use by the Secretary of Transportation of the State of Kansas, in making payments for construction ~rork and engineering on the above designated project. Adopted this ~ZJt day of ~ , 196Vat ,/a &'C~~ , Kansas ATTEST: seal [j/~t~"~~ CITY CLERK ~~,~ MAYOR r-J . " CITY OF SALINA FlEQUEST FOR COMMI 55 ION ACT ION CATE 5/7/84 OR I GINA T IIG OEFARiMENT: ~ 4:00 P.M. AP1"ROVEO =OR AGENOA: AGENDA SECTION: NO. 6 Consent 17E.M /(l. City Cl erk M.' I, , , I I \ 3 BY: D. L. Harrison SY: Resolution Number 84- 3710- This resolution addresses right-of-way acquisition relating to the three (3) intersection improvement projects (Magnolia Road and 9th Street; Broadway Boulevard and State Street; and South Street and 9th Street). All right-of-way has been acquired or condemnation action has been filed and this resolution is in order for your approval. COMMISSION ACTION \ACTION BY SECONO SY TO: ,), . RESOLUTION NUMBER 84-3710 CITY RIGHT OF WAY WHEREAS, by resolution passed by the Governing Body of the City of Salina, Saline County, K.msas. and signed by the Mayor on February 13, 1984, said City agreed with the Kansas Department of Transportation and the Federal Highway Administration to furnish the right of way and access control within the city limits for the construction of the street or road as shown on the plans of Project Number 85 U-0889-01, and WHEREAS, the City of Salina, the Department of Transportation and the Federal Highway Administration desire that the construction of the above project be commenced and completed without unnecessary delay, SO NOW, THEREFORE BE IT RESOLVED by the Governing Body of the City of Salina, That after such right of way has been obtained, the City Clerk and Is hereby authorized to notify the Department of Transportation by certification, and said City hereby 39 rees to save the Department of Transportation and the Federal Highway Administration from any and all Kansas: I be, I I I , I liability action or suit as a result of construction commenced In reliance upon said certification. Adopted by the Board of COr:'1r.1issloners and signed by the Mayor this 7th day of May, 1984. I [SEAL] I ATTEST: <':harles (j. Koth, Mayor LJ. L. Harrison, <':Ity Clerk . copy to Secretary of Transportation copy to City CERTIFICATION OF REAL PROPERTY ACQUISITION PROCEDURES The City of Salina , Kansas, certifies that all real property for Project No. 85U-0889-0l was acquired in compliance with the procedures listed below which are requ.lred by federal and state law: 1.) Real property shall be appraised before the Initiation of negotiations, and the owner or his designated representative shall be given an opportunity to accompany the appraiser during his Inspection of the property. 2.) Before the Initiation of negotiations for real property. an amount shall be established which is reasonably believed to be just compensation therefore; and a prompt offer shall be made to acquire the property for the full amount so established. in no event shall such amount be less than the approved appraisal of fair market value of such property. 3.) Any decrease or Increase of the fair market value of real property prior to the date of valuation caused by the project for whIch such property is acquIred or by the likelihood that the property would be acquired for such project, other than that due to physical deterioration withIn the reasonable control of the owner. will be disregarded In determining the compensation for the property. 4.) Every reasonable effort shall be made to acquire, expeditiouSly, real property by negotiation. 5.) The owner of the real property to be acquired shall be provided wi th a wri tten statement of. and. summary of the bas I s for, the amount establIshed as just compensation. 6.) In no event shall coercive action be taken to compel an agreement on the price to be paid for the property. 7.) No owner shall be required to surrender possession of real property before the agreed purchase price Is paid or before there is deposited with the court the amount of the award of compensation In the condemna- tion proceedings for such property. 8.) If an interest in real property is to be acquired by exercise of the power of eminent domain, formal condemnation proceedings shall be Instituted. (This means that it will not be necessary for the property owner to file Inverse condemnation proceedings to prove that he Is the owner of the real estate that Is being taken). 9.) the project shall be so scheduled that, to the greatest extent practicable. no person lawfully occupying real property shall be required to move from a dwelling or to move his business or farm operation without at least (90) ninety days wrItten notice from the date by which such move Is required. ~ . 10.) If acquisition of only part of a property would leave Its owner with an uneconomic remnant, an offer shall be made to acquIre the remnant. The Bureau of Traffic Engineering will be contacted should this situation arise. II.) If there are buildings, structures, or other improvements owned by tenant or landowner which are to be acquired or relocated, the Kansas Department of Transportation's Bureau of Traffic Engineering will be contacted for guidance as to proper procedures. 12.) Property owners are to be reimbursed to the extent determined fair and reasonable for expenses necessarily Incurred for (I) recording fees, transfer taxes, and similar expenses Incidental to conveying such real property; (2) penalty costs for prepayment of any pre-existing recorded mortgage encumbering such real property; (3) the eligible pro rata portion of paid real property taxes. 13.) If the final judgment Is that the property cannot be acquired by condemnation or the proceeding Is abandoned by the county, or If a , property owner successfully maintains an Inverse condemnation action, the property owner Is to be reimbursed for reasonable costs awarded to the owner by the court for such items as attorney, appraiser and engineering .fees actually Incurred because of the condemnation pro- ceedings. The Bureau of Traffic Engineering will be contacted before payment Is made to the landowner should this situation arise. 14.) Nothing in this directive shall be construed to prevent a person whose real property Is being acquIred for a federally aIded highway project from making a gift or donatIon of such property, or any part thereof, or any of the compensation paId therefore, after such person has been fully Informed of his right to receive just compensation for the ac- quisition of his property. CITY CLERK MAYOR DATE ., SECTION: 6 Consent ,",-- , """,<,' ..,,,.J1 ' - - " ..--..' :,' ',-, -', \~,;'/," ':, '- :..';':\\ ::, . . , . '" . - ,'.':{" ""1"'1' '.'.)! - "< '~-:~:. "::~ ,,--.:,.': " ,ji , l' -'-"~~~-~ -':<;.'~!",~';~~';e ':'::'!.':"". ' elrr OF SALINA REQUEST F'OR COMM;SS'br,r~ACTION . : _;F,;/:-::t;:i.~;-",'t;- - OA TE ';"~:,>;" 2/13/84 ORi'G ,}Jftl'Nl:;' DEFAR'TMENT: .- ""'_'_,",C.', ,;,', - - "-. , ' 'Engineering ~ 4:00' P;M;" AFFROV W:F'OR' AGENOA: ~ {1, .1\ {1JI~ SY: \ ,SY:, Dean Boyer i,on';Number 84-3693_ A resolution relating to benefits obtainable by "fde'r'the program for federal 'arid state aid on highway construction. authorizes the Mayor and City Clerk to execute an aCjreement in the City's behalf on . C' . '. _ '~". -,'" - - '. .- -."-" '. . -. . . . . ed,~isa safety project wh:ich,is, funded 90% 'Federal andlO%Loca']..:, ," \t'ci",'tl)e)O%' of constructXp~:-i",:tl)e City sha Ilpr.ovide, thei;p~p:Ject' ' ',;,~,: ,~l}\rtgl;1ts-of-way, easemehfs<;~bd' access ri gh,ts: This prciject,invo 1 yes " "aQa~rea.1i,gnment of theeast.:]eg of Maqnolia Road to ,create a ' Kffturn,lane and theinst~~n~tion of new trafficsignai's at. the 1on:of'r1agnolia Road and,9th':S:treet. .,' ,"., -, '. ,d",,""" ,.- . !AQTlON9Y ;0: ' s'haJ 1; "be funded wfth' Sa 1 es Tax mon; es. 4'10>" .', COMMISi"CN ACTION SECOND SY ,,-..'1 '. ~. , -, - - - .~ j ... .,/ , / '. '.,-' RI=c;.OIIITION NllMRFR RLI-'::Il;q:t A RESOLUTION RELATING TO BENEFITS OBTAINABLE BY CITIES UNDER THE PROGRAM FOR FEDERAL AND STATE AID ON HIGHWAY CONSTRUCTION BE IT RESOLVED by the Governing Body of the City of Salina, Kansas: That the Mayor and City Clerk are authorized and directed to execute for and on behalf of the City of Salina, Kansas, Agreement No. 8-84 between the City and the Kansas Department of Transportation, giving the Secretary of Transportation of the State of Kansas authority to act for the City. and in its place and stead, to obtain for the City such benefits as are obtainable under the program of Federal and State Aid Plan of Highway Construction, and obtain the benefits of such legislation for the City on the terms and conditions set. forth in such agreement as may be prepared and approved by the Secretary of Transportation for the improvement of Ninth Street. Safety project for widening east leg of Magnolia for left turn lane~ installing new traffic signals and pavement marking on federal aid system at location of intersection of Ninth Street and Magnolia Road designated as a city connecting link on the State Highway System and known as Project No. 8SU 0889-01, HES 4817(003). Adopted by the Board of Commissioners and signed by the Mayor this .13th day of February, 1984. John r. Burgess. Mayor (SEAL) ATTEST: D. L. Harrison. City Clerk I '" ""'-. . / i/ / I JOHN B. KEMP, Secretary of Transportation JOHN CARLIN, Governor ~ Q\TR4,r ~/ .'''~ t-..:.! ''?> "'" I' \:-< <X: ,I :x> 0- ... .. ' --i ~\.""..~ '.i_ />'- . v!i? v :,r~"",.,J_~ "' . tf"4i~~S . J KANSAS DEPARTMENT OF TRANSPORTATION STATE OFFICE BUILDING-TOPEKA. KANSAS 66612 February 16, 1984 Agreement No. 8-84 85 U 0889-01 HES 4817(003) Grading, Concrete Pavement, Surfacing, Traffic Signal Installation and Pavement Marking City of Salina Saline County O. L. Harrison CIty Clerk/Director of Finance CIty-County BuildIng 300 West Ash P. O. Box 746 SalIna, Kansas 67401 Dear Mr. Harrison: Ie are enclosIng herewith your fully executed copy of the agreement for the above numbered project. Additional copies of this agreement will be furnished If requested within two weeks of this date. After that period all extra copies will be destroyed. S:/J.I::erel/7 WL-- '..P J Reid, P. E. Chief of Traffic Engineering FJR:mj Enclosure cc: Hr. Raymond E. Olson, Chief, Rural and Urban Development w/a ," ~ Agreement No. 8-84 ON FEDERAL-AID SYSTEM PROJECT NO. 85 U 0889-01 HES 4817(003) GRADING, CONCRETE PAVEMENT, SURFACING, TRAFFIC SIGNAL INSTALLATION & PAVEMENT MARKING CITY OF SALINA, KANSAS AGREEMENT This agreement, made and entered into this~~~ day Of~~~ 19>(t-{, by and between the City of Sal ina, Kansas,l1'ereinafter re erre 0 astfle City, and the Secretary of Transportation of the State of Kansas, hereinafter referred to as the Secretary. R Eel TAL 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 highway, 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 streets and highways, provided, however, that in order to be eligible for such federal aid, such work is required to be done in accordance with the 1 aws of the state and under the direct supervision of the Department of Transportation 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 wi deni ng the east 1 eg of Magnol i a for a 1 eft turn 1 ane, i nst all i ng new traffic signals and pavement markings on the federal-aid system at the location described as follows: the intersection of Ninth Street and Magnolia Road, and WHEREAS, the Secretary and the City desire to enter into an agreement covering the project, and - ~ No. 8-84 WHEREAS, the City desires federal participation for implementation of the project, and WHEREAS, it is to the best interest of the inhabitants of the City that the project be completed and maintained on the project location. 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, proceedings, matters and things herein- after 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 individ- ual corporate capacity instead of by its agent. 2. The City agrees to prepare, or have prepared, the project pl ans under the direction of the Secretary. ,The pl ans for the project; when approved--by the:C'ity, the State Transportation Engineer and the Federal Highway Ad~!nlstration, are by reference made a part of this agreement. 3. 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. The City further agrees to acquire all of the rights of way, easements and access rights in accordance with state and federal 1 aws and right of way acquisition procedures--established by the Secretary, and to certify that acquisition -has been compl eted in accordance with the aforementioned 1 aws and proce- dures. 4. 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 supervise 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. 5. The City agrees to reimburse the Secretary for ten (10) percent of the cost of all construction items in the approved pl ans and ten (10) percent of the cost of all contingency items. The City further agrees to reimburse the Secretary for ten (10) percent of the construction engineer- ing expenses not exceeding fifteen (15) percent of actual construction costs and to reimburse the Secretary for one hundred (100) percent of construction engineering expenses over fifteen (15) percent ~f actual construct ion costs. Furthermore, if any items are found to be non- participating by the Federal Highway Administration, the total cost of those 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 proper bi 11 i ng. - 2 - In . No. 8-84 , 6. It is mutually agreed that any changes in plans during the progress of the work shall require approval in writing by the City and the Secretary and no change in plans or materials substitution will be per- mitted by the City without such approval. 7. The City agrees that it will move or adjust, or cause to be moved or adjusted, and will be responsibl e for such removal or adjustment of all existing structures, pole 1 ines, 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. The City further agrees that it will pay all costs associated with sai,d removal or adjustment of utilities. New or existing utilities that have to be install- ed, moved or adjusted will be located or relocated in accordance with the Kansas Department of Transportation "Utility Accommodation Pol icy, 'Part Two-Util ities on Primary, Secondary and Urban Highways". 8. The City agrees that it will immediately take such steps as are necessary to facilitate the early adjustment of utilities and upon notifi- cation by the Kansas Department of Transportation's District Engineer, 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 util ities before construct-illn- is started on the project except those necessary to be adjusted during construction and thpse which would disturb the existing street surfili:'e,'curbs or sidewalks. The City will, upon notification by the Department's District Engineer, initiate and proceed to complete adjusting the remaining util ities in order that the contractor shall not be delayed in constructing the project. 9. The City agrees to furnish the Secretary a 1 ist of existing and _ known utilU.i.es within the right of way, accurate pl ans and drawings showing the location and nature of such utilities when requested, together with any proposed aifjustinents 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. 10. The City agrees to cert ify to the Secretary that all pri vatel y owned utilities occupying public right of way required for the construction of the project are permitted thereon by franchise, ordinance, agreement or perinit and said instrument shall include a statement as to which party will bear the cost of future adjustments or relocation that may be required as a result of a street or highway improvements. 11. It is understood that the City and the Secretary shall determi ne the manner in 'which traffic is to be handled during construction. It is therefore agreed between the parties that before project pl ans 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. - 3 - ,---- . No. 8-84 , The City further agrees that the Secretary or his or her autho- rized represent at ive may act as its agent with full authority to determi ne the foll owi ng: (a) the dates which said street closings shall commence and termi n ate (b) the appropriate type and location of barricades and signing to be placed on or about the project 1 imits to prohibit through traffic The Secretary or his or her authorized representative shall notify the City of the determinations made pursuant to this section. 12. The City agrees that when the project is completed and approved that it will, at its own expense, maintain the project. Maintenance shall include, but not be limited to, replacing damaged signs and posts, pavement markings and lighting and traffic signal equipment; repairing damaged pavement, curb and sidewalk; and operating lighting and traffic signal installations. The City further agrees to make ample provision each year for such maintenance. 13. . TheCTi,f-agrees that it will establish and maintain a qual ified traffic engineering unit or provide other means for the proper maintenance and operation6fthe project when completed. Failure by the City to fulfill this responsibility will disqualify the City from future federal-aid participation on projects for which the City would have maintenance responsibility. 14. The location, form and character of informational, regulatory and warning~signs, of traffic signals and of curb and pavement or other markingc;ins.tall.e..lLor placed by publ ic authority, or other agency, pursuant to this agreement, shall be subject to the approval of the Secretary with --'the concurrence of the Federal Highway Administrat'ion and shall not be installed prior to such approval. 15. 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 pl ans for this project and it will initiate and proceed with diligence to remove or require the removal of said encroach- ments. 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 pu~ps 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. All 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 1 imits except as provided by state 1 aws. - 4 - . No. 8-84 16. The City agrees to assist the Secretary in the evaluation of the effectiveness of the project with respect to safety. Accident data, traffic volume counts and other pertinent information will be provided to the Secretary as required to complete the evaluation. 17. 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. 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 Administra- t ion. 19. The City agrees to control the construct i on or use of any entrances along the project within the City other than those shown on the approved plans, unless prior approval is obtained from the Secretary and the Federal Highway Administration. 20. The-tHy agrees to adopt all necessary ordinances and/or resolu- tions and To take such legal steps as may be required to give full effect to the terms of this agreement. 21. The City hereby expressly agrees and covenants that they will hold and save harmless and indemnify the Secretary and his or her authoriz- ed representatives from any and all costs, liabilities, expenses, suits, judgments,_damages to persons or property or c1 aims of any nature whatso- - ever arising out of or in connection with the provisions or performance of this contract~1lrttre City, their 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. 22. Responsibility for damage claims: The contractor shall indemnify and save the Secretary and the City harm1 ess from and agai nst all 1 i abil ity for damages, cost and expense arising out of any c1 aim, suit, action, or otherwise for injuries and/or damages sustained to person or property by reason of the work performed by the contractor~ his or her subcontractor, agents, or employees under this contract. 23. The parties do hereby agree that the "Speci a1 Attachment" attached hereto, pertaining to the implementation of the Civil Rights Act of 1964, is hereby made a part of this agreement. 24. It is further understood that this agreement and all contracts entered into under the provisions of this agreement shall be ~inding upon the Secretary and the City and their successors in office. - 5 - I . . No. 8-84 , 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 }L lyOR~ JOHN B. KEMP, P. E. 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 provlSlons 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 (7ti Stat. 252), 9504 of the Rehabilitation Act of 1973 (87 Stat. 355) and the Regulations of the U.S. Department of Transportation (4Y 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, pnysical handicap, or national origin, as more specifically set out in the following eignt '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. ;:c;;rr---- --.-. ..._.~.:. . (~ J' ;_~ ..-f' . Special Attachment No.1 Sheet 2 of 3 Nondiscrimination Clauses During the performance of this contract, the consultant, or the conr.1tant'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, physical handicap, or national origin in the selec- tion and rete~tion of subcontractors, including procurements of materials and leases of equipment. The consultant will not participate either directly or indirectly in the discrimination prohibited by Settion 21.5 of the Kegu1ations, including employment practices when the contract covers a program set forth in Appendix B of the Regula- tions. (3) Solic,tations 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, physical 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 ana instructions. Where any information required of a consu1- tJnt is in the exclusive possession of another who fails or refuses to furnish this information, the consultant sna11 so certify to the Secretary of Transportation of the State of Kansas and shall set forth wi1at efforts it has mad" to obtain the infor!1laticn. (5) Employment: The consultant will not discriminate against any employee or appl'iCdnt io.- ernplo,j'm2nt because of race, rel igion, color, sex, age, physical ha0dicap. or national origin: . " _ .~.:-J . . . . . L . Special Attachment No.1 Sheet 3 of 3 (6) 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, (a) withholding of payments to the consultant under the t0ntract 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 reasonaole steps shall be taken in accordance with the Regulations to ensure that Disadvantaged Businesses have the maximum opportunity to compete for and perform con- tracts. No person(s) snall be discriminated against on the basis of race, religion, color, sex, age, physical handicap or national origin in the award and performance of Federally-assisted contracts. (8) Incorporation of Provisions: The consultant will include the provi- sions of paragraph (1) through (8) in every sUDcontract, 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. . RESOLUTION NUMBER 34-3693 . A RESOLUTION RELATING TO BENEFITS OBTAINABLE BY CITIES UNDER THE PROGRAM FOR FEDERAL AND STATE AID ON HIGHWAY CONSTRUCTION Be It Resolved by the Governing Body of the City of That the Hayor and City Clerk are authorized and directed to Sal ina : execute for and on 8-84 Agreement No. behalf of the City of Sal ina , Kansas, between the City and the Kansas Oepartment of Transportation, giving the Secretary of Transportation of the State of Kansas authority to act fer tn~ City, and in its place and stead, to obtain for the City such benefits as .are obtainable under the program of the Federal and State Aid Plan of HIghway Construction, and obtain the benefits of such legIslation for the City on the terms and conditions set forth In such agreement as may be prepared and approved by the Secretary of Transportation for the ir:l1'rovement of 9th St. Safety pro'ect for widenin east Ie ft project description turn lane, .install ing new traffic signals and pavement inarkino~ nn federal aid system at location of intersection of 9th St. & Maonolia Road, designated as a city connectIng link on the State Highway System and known as Project No, 85 U 0889-01, HES 4817(003) . Passed by the {Gow"ct1) (Commission) this/.itl day of G, Q. <,,",v.lId) (SIgned) VR...) 7. AV.l.V'!J.,(.AJ , Mayor -, ., -,L . t- , 1971/ - (S EAL) ('In \ -- C;; ~:-)Vi-1.'-'-<Iv- City Clerk ATTEST: .---....---.--.- .-"-- --,--~..---~-_..- Agreement No. 9-84 ON FEDERAL-AID SYSTEM PROJECT NO. 85 U 0891-01 HES 4817(004) GRADING, CONCRETE PAVEMENT, SURFACING, TRAFFIC SIGNALS, AND PAVEMENT MARKING CITY OF SALINA, KANSAS AGREEMENT This agreement, made and entered into this day of 19 ,by and between the City of Sal ina, Kansas,nereinafter astne City, and the Secretary of Transportation of the State hereinafter referred to as the Secretary. , referred to of Kansas, R Eel TAL s: . WHEREAS, The Secretary and the City are empowered by the Laws of Kansas to enter into agreements to enabl e them to part i ci pate i nthe benefits to be secured from federal-aid funds, or funds made available from the federal government for highway, 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 streets and highways, provided, however, that in order to be eligible for such federal aid, such work is required to be done in accordance with the 1 aws of the state and under the direct supervision of the Department of Transportation of such state, and WHEREAS, the City requests the Secretary to take such steps as are deemed by the Secretary to be necessary or advisabl e for the purpose of securing approval by the Federal Highway Administration of a safety project. for the realignment of Ninth Street and the install ation of new traffic signals and pavement markings, on the federal-aid system at the location described as follows: . the intersection of Ninth Street and South Street, and WHEREAS, the Secretary and the City desire to enter into an agreement covering the project, and . No. 9-84 WHEREAS, the City desires federal participation for implementation of the project, and WHEREAS, it is to the best interest of the inhabitants of the City that the project be completed and maintained on the project location. NOW, THEREFORE, in consideration of the premises and to secure the approval and construction of the project, the parties hereto mutually agree as foll ows. 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, proceedings, matters and things herei n- after 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 individ- ual corporate capacity instead of by its agent. 2. The Ci ty agrees to prepare, or have prepared, the project pl ans under the direction of the Secretary. The plans for the project, when approved by the City, the State Transportation Engineer and the Feder~ Highway Administration, are by reference made a part of this agreement. 3. 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. The City further agrees to acquire all of the rights of way, easements and access rights in accordance with state and federal 1 aws and right of way acquisition procedures establ ished by the Secretary, and to certify that acquisition has been completed in accordance with the aforementioned laws and proce- dures. 4. The Secretary agrees to 1 et the contract for the project and shall award the contract to the lowest responsibl e bidder upon concurrence in the award by the City. The Secretary further agrees to supervise 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. 5. The City agrees to reimburse the Secretary for ten (10) percent of the cost of all construction items in the approved pl ans and ten (10) percent of the cost of all contingency items. The City further agrees to reimburse the Secretary for ten (10) percent of the construction engineer- ing expenses not exceeding fifteen (15) percent of actual construction costs and to reimburse the Secretary for one hundred (100) percent of construction engineering expenses over fifteen (15) percent of actual construction costs. Furthermore, if any items are found to be non- participating by the Federal Highway Administration, the total cost of those 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 proper bill ing. - 2 - No. 9-84 6. It is mutually agreed that any changes in plans during the progress of the work shall require approval in writing by the City and the Secretary and no change in pl ans or materials substitution will be per- mitted by the City without such approval. 7. 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. The City further agrees that it will pay all costs associated with said removal or adjustment of utilities. New or existing utilities that have to be install- ed, moved or adjusted will be located or relocated in accordance with the Kansas Department of Transportation "Utility AccolTlllodation Policy, Part Two-Utilities on Primary, Secondary and Urban Highways". 8. The City agrees that it will ilTlllediately take such steps as are necessary to facilitate the early adjustment of utilities and upon notifi- cation by the Kansas Department of Transportation's District Engineer, 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 utilities before construction is started on the project 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 constructing the project. 9. The City agrees to furnish the Secretary a list of existing and known utilities within the right of way, accurate plans and drawings showing the location and nature of such utilities when requested, together with any 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. 10. The City agrees to certify to the Secretary that all privately owned utilities occupying publi~ right of way required for the construction of the project are permitted thereon by franchise, ordinance, agreement or permit and said instrument shall include a statement as to which party will bear the cost of future adjustments or relocation that m~ be required as a result of a street or highway improvements. 11. 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 pl ans 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. - 3 - .J No. 9-84 The City further agrees that the Secretary or his or her autho- rized representative may act as its agent with full authority to determine the foll owi ng: (a) the dates which said street closings shall commence and terminate (b) the appropriate type and location of barricades and signing to be placed on or about the project 1 imits to prohibit through traffic The Secretary or his or her authorized representative shall notify the City of the determinations made pursuant to this section. 12. The City agrees that when the project is completed and approved that it will, at its own expense, maintain the project. Maintenance shall include, but not be limited to, replacing damaged signs and posts, pavement markings and lighting and traffic signal equipment; repairing damaged pavement, curb and sidewalk; and operating 1 ighting and traffic signal install at ions. The City further agrees to make ampl e provi s i on each year for such maintenance. 13. The City agrees that it will establ ish and maintain a qual ified traffic engineering unit or provide other means for the proper maintenance and operation bf the project when completed. Failure by the City to fulfill this responsibility will disqualify the City from future federal-aid participation on projects for which the City would have maintenance responsibil ity. 14. The location, form and character of informational, regulatory and warning signs, of traffic signals and of curb and pavement or ather. markings installed or placed by public authority, or other agency, pursuant to this agreement, shall be subject to the approval of the Secretary with the concurrence of the Federal Highway Administration and shall not be installed prior to such approval. 15. The City agrees that it will adopt an ordinance requiring the removal of all encroachments either on or above the 1 imits of the right of way shown on the approved pl ans for this project and it will initi ate and proceed with diligence to remove or require the removal of said encroach- ments. 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 del ay 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 the project and it will require that any gas and fuel dispensing pumps erected, moved or installed along the project be placed no 1 ess than hel ve feet back of the ri ght of way 1 ine. All ri ght 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 1 i mits except as pro vi ded by st ate 1 aws. - 4 - No. 9-84 16. The City agrees to assist the Secretary in the evaluation of the effectiveness of the project with respect to safety. Accident data, traffic volume counts and other pertinent information will be provided to the Secretary as required to complete the evaluation. 17. Tne City agrees to eontrol 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. 18. The City agrees that the arterial characteristics inherent in the project require uniformity in information and regul ations 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 Administra- t ion. 19. 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 pl ans, unless prior approval is obtained from the Secretary and the Federal Highway Administration. 20. The City agrees to adopt all necessary ordinances and/or resolu- tions and to take such legal steps as may be required to give full effect to the terms of this agreement. 21. The City hereby expressly agrees and covenants that they will hold and save harmless and indemnify the Secretary and his or her authoriz- ed representatives from any and all costs, liabilities, expenses, suits, judgments, damages to persons or property or claims of any nature whatso- ever arising out of or in connection with the provisions or performance of this contract by the City, their 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. 22. Responsibility for damage claims: The contractor shall indemnify and save the Secretary and the City harmless from and against all liability for damages, cost and expense arising out of any claim, .suit, action, or otherwise for injuries and/or damages sustai ned to person or property by reason of the work performed by the contractor, his or her subcontractor, agents, or employees under this contract. 23. attached of 1964, The parties do hereby agree that the "Special Attachment" hereto, pertaining to the implementation of the Civil Rights Act is hereby made a part of this agreement. 24. 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. - 5 - ~. N-o. 9-84 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 ~~'v- CITY CLERK ~ 1. ~J>>l~ MA if JOHN B. KEMP, P. E. Secretary of Transportation (SEAL) by peRU 1 1J2lF:..~iJ.'" V.E~'D B"7 ~!-!:f;7/~/ h-2[J;...; .L.'~~:~./ ... - 6 - Special. Attachment No. ~ Sheet 1 of 3 KANSAS DEPARTMENT UF TRANSPURTATION Special Attachment To Contracts or Agreements Entered Into By the Secretary of Transportation of the State of Kansas NUTE: Whenever this Speci al Attachment conf] icts with provlslons of the Document to which it is attached, this Special Attachment shall govern. THE CIVIL KIGHTS 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 ana Title VII of the Civil Rights Act of 1964 (7ti 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, pnysical handicap, or national origin, as more specifically set out in the foilowing eight 'Nondiscrimination Clauses'. CLAIUFICATION 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 Kilnsas. ~_._- --. ~ ,.J Special Attachment ~o. . Sheet 2 of 3 Nondiscrimination Clauses During the performance of this contract, the consultant, or the con'- .ltant's assignees and successors in interest (hereinafter referred to as the consui- tant's), agrees as follows: (1) Compliance with Regulations: The consultant will comply with tnt Regulations of the U.S. Oepartment 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 maOe 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, physical handicap. or national origin in the selec- tion ana retention of subcontractors, including procurements of materials ana leases of equipment. Tne consultant will not participate' either oirectly or indirectly in the Oiscrimination prohibited oy Section 21.5 of the Kegulations, including employment practices when the contract covers a program set forth in AppenOix B of the Regula- tions. (3) Solicltations for Subcontractors, Including Procurements of Materials and Equipment: In all solicitations either competitive bidding or negotiation made by tne 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, physical handicap, or national origin. (4) Information and Reports: The consultant will provide all information and reports required by the Regulations, or orders and i~structions issuea pursuant thereto, and the Secretary of Transportation of the State of Kansas will be permitted access to the consultants books, recoras, accounts, otner sources of information, and facilities as may be aetermined by the Secretary of Transportation of the State of Kansas to be ~e~tinen: to ascer:ain compliance with such Regulations, orders ana i~s~r~ctions. Where any information required of a consul- t,:nt is in the ~xc~us~ve ~ossession of another who fails or refuses to fJr~ish tnis infor~ation, the consultdnt snal I so certify to the 3~cratary of T~Jnsportation of the State of Kansds and snail set forth WI~dt efi=arts it ~~s mad~ :0 ontain the infor~aticn. (~) ,>oloyment: Tne consu'I;;:'~L ',Iii] not diS(;i'lminate ag'.llnst any ",opioyee J;' apo"i'iC:lnt l~.)(' .:::lp:C,j7rl2Ilt because or ra.ce, religion, C01'Jr, ~ej., d;e, pny5ica~ ~t0ai~dp, ~r 0a~~ana1 origin. .:'.1 Spec i a 1 Attachment No. 1 Sheet 3 of 3 (6) 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, (a) withholaing of payments to the consultant under the (ntrac~ 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. (D) All nec~s5ary and reasonable steps shall De taken in accordance with the Regulations to ensure that Disadvantaged Susinesses have the maximum opportunity to compete for and perform con- tracts. No person(s) snall be discriminated against on the basis of race, religion, color, sex, age, physical handicap or national origin in the award and performance of Feaerally-assisted contracts. (8) Incorporation of Provisions: The consultant will include the provi- sions of paragraph (1) through (8) in every sUDcontract, including procurements of materi a1 s and leases of equipment, unless exempt by the Regulations, oraer, 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 e~forcing sucn provisions including sanctions for noncompliance: Providzd, however, that, in the event a consultant becomes involvea 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.