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6.5 Agr Iron Ave BridgeCITY OF SALINA REQUEST FOR COMMISS ION ACT ION DATE TIME 3/26/1984 4:00 P.H. AGENDA SECTION: Consent ORIGINATING DEPARTMENT: APPROVED FOR AGENDA: NO. 6 Engineering /'l _~ ITEM NO. iBy: Dean Boyer BY: Resolution Number 84-3699 - a resolution relating to benefits obtainable by cities under the program for federal and state aid on highway construction. This resolution authorizes the Mayor and City Clerk to execute an agreement with the Kansas Department of Transportation to act in the City's behalf of Project No. 85U-0832-01. This project is a bridge project which is funded 80% Federal and 20% local. In addition to the 20% of construction, the City shall provide the project plans and all rights-of-way, easements and access rights. This project involves the replacement of the bridge on Iron Avenue at 4th Street. Construction work is tentatively scheduled to commence this summer. The City's portion of this project shall be funded with Sales Tax monies. COMMISS ION ACTION MOTION BY SECOND BY TO: Agreement No. 17-84 PROJECT NO. 85 U-0832-01 IRON AVENUE OVER THE OLD SMOKY HILL RIVER CHANNEL CITY OF SALINA, KANSAS AGREEMENT This agreement, made and entered into this day of 19 , by and between the City of Salina, Kansas, hereinafter referred to as the City, and the Secretary of Transportation of the State of Kansas, hereinafter referred to as the Secretary. RECITALS: WHEREAS, The Secretary and the said City are empowered by the Laws of Kansas to enter into agreements to enable them to participate in the benefits to be secured from federal-aid funds, or funds made available from the federal government for road or street improvements, and WHEREAS, under the terms of the Federal-Aid Highway Act and the rules and regulations of the Federal Highway Administration, states and cities are, under certain circumstances, entitled to receive assistance in the financing of the construction and reconstruction of roads and streets, provided, however, that in order to be eligible for such federal aid, such work is required to be done in accordance with the laws of the state and under the direct supervision of the Department of Transportation of such state, and WHEREAS, the City does hereby request the Secretary to take such steps as are deemed by the Secretary to be necessary or advisable for the purpose of securing approval by the Federal Highway Administration of a project for the improvement of Iron Avenue Bridge in the City, and is described as follows: Iron Avenue Bridge over the Old Smoky Hill River Channel east of the intersection of Fourth Street and Iron Avenue. T6tal length of project 0.048 mile. NOW, THEREFORE, in consideration of the premises and to secure the approval and construction of the said project, the said parties hereto mutually agree as follows: No. 17-84 1. That the said project when approved shall be undertaken, prosecuted and completed for and on behalf of the said City by the Secretary acting in all things as its agent and~said City hereby constitutes and appoints said Secretary its agent, and all acts, proceedings, matters and things hereinafter done by the Secretary in connection therewith are hereby by said City authorized, adopted, ratified and confirmed to the same extent and with the same effect as though done directly by the said City acting in its own individual corporate capacity instead of by its agent. The plans for said project, when approved by the City, the State Transportation Engineer and the Federal Highway Administration are by reference made part of this agreement. The City agrees to prepare, or have prepared, the plans for such improvements, under the direction of the Secretary. 2. The City agrees that it will, in its own name as provided by law, acquire by purchase, dedication or condemnation all of the rights of way, easements and access rights shown on the approved plans in accordance with the schedule established by the Kansas Department of Transportation. The City agrees that it will have recorded in the office of the Register of Deeds all rights of way Deeds, Dedications, Permanent Easements and Reports of Commissioners for condemnation of rights of way. 3. The City agrees that it will move or adjust, or cause to be moved or adjusted, and will be responsible for such removal or adjustment of all existing structures, pole lines, pipe lines, meters, manholes and other utilities, publicly or privately owned, which may be necessary to the construction of the project in accordance with the approved plans. New or existing utilities that have to be installed, moved or adjusted will be located or relocated in accord- ance with the Kansas Department of Transportation "Utility Accommodation Policy, Part Two-Utilities on Primary, Secondary and Urban Highways" The expense of said removal or adjustment of said utilities located on public right of way shall be borne by the owners. The expense of said removal or adjustment of privately owned utilities located on private right of way or easement shall be borne by the City and the Secretary in the same proportion as other approved construction costs as stipulated elsewhere. In order to insure participation of federal and state funds in said expense, the City agrees to obtain plans, estimates and utility agreements covering the removal or adjustment of privately owned utilities on private right of way or easement and secure the approval of the utility agreements by the Secretary and the Federal Highway Administration before authorizing the utility companies to proceed with the work. 4. 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 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. -2- No. 17-84 5. 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. 6. The City agrees to certify to the Secretary that all privately owned utilities occupying public right of way required for the construction of the project are permitted thereon by franchise, ordinance, agreement or permit and said instrument includes a statement as to which party will bear the cost of future adjustments or relocations that may be required as a result of street or road improvement s. 7. 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 ~:ompleted, 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 revis, ions before they become effective. The City further agrees that the Secretary or his or her authorized representative may act as its agent with full authority to determine the following: (a) the dates upon which said street closings shall commence and termi- nate (b) the appropriate barricades and signing to be placed on or about the project limits prohibiting through traffic and their locations The Secretary or his or her authorized representative shall notify the City of the determinations made pursuant to this section. 8. 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. 9. The City agrees to reimburse the Secretary for twenty (20) percent of the cost of all construction items in the approved plans including construction engineering and contingencies. However, if any items are found to be non-par- ticipating 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 billing. -3- No. 17-84 10. The City agrees that when said project is completed and approved that it will, at its own cost and expense, maintain said project and will make ample provisions each year for such maintenance. Upon notification by the State Transportation 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. 11. The City agrees that it will adopt an ordinance requiring the removal of all encroachments either on or above the limits of the right of way shown on the approved plans for this project and it will initiate and proceed with · diligence to remove or require the removal of said encroachments. It is further agreed that all such encroachments be removed before the project is advertised for letting (provided, however, that if the Secretary is satisfied, with respect to any encroachment, that the physical removal thereof has been fully provided for between the City and the owner thereof and will be accomplished within a time sufficiently short to present no hindrance or delay to the construction of the project, the Secretary may cause the project to be advertised for letting before such encroachment is fully removed). The City further agrees that it will not in the future permit the erection of gas and fuel dispensing pumps upon the right of way of said project and it will require that any gas and fuel dispens- ing pumps erected, moved or installed along said project be placed no less than twelve feet back of the right of way line. All right of way provided for said project shall be used solely for public street purposes and no signs, posters, billboards, roadside stands, fences, structures or other private installations shall be permitted within the right of way limits except as provided by state laws. 12. The City agrees to control parking of vehicles on the city street throughout the length of the improvement covered by this agreement. 13. 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. 14. The City agrees to maintain the control of access rights and to prohibit the construction or use of any entrance or access points along the project other than those shown on the approved plans. Any exceptions therefrom must be approved by the Secretary. 15. The location, form and character of informational, regulatory and warning signs, of traffic signals and of curb and pavement or other markings installed or placed by any public authority, or other agency, pursuant to this agreement, shall be subject to the approval of the Secretary with the concur- rence of the Federal Highway Administration and shall not be installed prior to such approval. 16. 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. No. 17-84 17. The City hereby expressly agrees and covenants that they will hold and save harmless and indemnify the Secretary and his or her authorized representa- tives from any and all costs, liabilities, expenses, suits, judgments, damages to persons or property or claims of any nature whatsoever arising out of or in connection with the provisions or performance of this 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. 18. Responsibility for damage claims: The contractor shall indemnify and save the Secretary and the City harmless from and against all liability for damages, costs and expenses arising out of any claim, suit, action, or otherwise for injuries and/or damages sustained to persons or property by reason of the work performed by the Contractor, his or her subcontractor, agents, or employees under this contract. 19. The parties do hereby agree that the "Special Attachment" attached hereto, pertaining to the implementation of the Civil Rights Act of 1964, is hereby made a part of this agreement. 20. It is further understood that this agreement and all contracts entered into under the provisions of this agreement shall be binding upon the Secretary and the City and their successors in office. IN WITNESS WtlEIIEOF 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 (SEAL) JOHN B. KEMP, P.E. Secretary of Transportation by -5- Special Attachment No. 1 Sheet i 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 Special Attachment conflicts with provisions of the Document to w~icn is is attache~, t~is Special Attachment shall govern. Tn£ CiViL KtGhTS ACT OF 1964 ~ND REHAbILITATiON ACT ~F 1973 NOTIFICATION The Secretary of Transportation for the Sta~e of Kansas, in accordance with the provisions of Title VI anm Title VI! of the Civil Rights Act of 1964 (7~ Stat. 252), ~504 of the Rehabilitation Act of i973 (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 t~e grounds of race, religion, color, sex, age, pnysical handicap, or national origin, as more specifically set out in the following eight 'Nondiscrimination Clauses'. CLARIFICATION Where the term 'consultant' appears in the following seven 'Nondiscrimination Clauses', the term 'consultant' is understood to include all parties to con- tracts or agreements witn the Secretary of Transportation of the State of Kansas. Special Attachment No. I .,r,~_l; ~ o+' NonOiscrimination Clauses During the performance of this contract, the cons~_!l%ant, or the consultant's assignees and successors in interest (hereinafter referred to as the 'consul- tant's), agrees as follows: (i) Compliance with &egulations: The cons~Itant 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 sf Transportation (Title 49, Code of Federal Regulations, Parts 21, 23 anO 27, hereinafter referre~ to as the Regolations), which are herein incorporated by reference and made a part of this contract. (2) NonOiscriF,~inaS~on: The consultant~ ~vi~sh re,~ard to the work performed by the consultant a'Fser award ane prior to the comple~ion of the contract work, ,il! not discri~ainate on the grounds of race, religion, color, sex, age, physical handicap, or national origin in the selec- tion an~ retention of suL~con*.rac~ors, including procurements of materials and leases of equipment. The consultant will nos participate either directly or indirectly in the discri~,nination prohibited Dy Section 21.5 of the Regulations, including employment practices when the contract covers a progr~q~ set forth in Appendix B of the Regula- tions. (3) (4) Solicitations for Subcontractors, inclm~ing Procurements of Materials and Equi.sment: :n ali soiici~;a'.~.ons eisher competitive bidding or nego%iaSion '.name Db' the consuita,'~t for work tO be performed under a subcontract including osrocurements cf .~ater-;.als or equipment, each potential subcontractor or supplier shall be notified by the consul- tant of the consultant's obligation un~er this contract anu the Regulations relative %o nondiscrimination on the grounds of race, religion, color, sex, age, physical handicap, or national origin. Information and Reports: The consultant will provide all information and reports required by the Reguiacions, or orders and instructions issue~ pursuan~ thereto, an~ 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 ~he State of Kansas to be pertinent to ascertain compliance with such Regulations, orders anm instructions. Where any information required of a consul- tant is in the exclusive possession of another who fails or refuses to furnish this information, the consultant shall so certify to the Secretary of Transportation of ~e Sta~e of Kansas and shall set forth what efforts it nas ~,~ade to ootain ~he information. Employment: The. consultant will not discriminate against any employee or applicant for empio~.qent because oF race, religion, color, sex, age, physical ~andicap, or national origin. Special Attachment No. i Si~eet 3 of 3 Sanctions fcr Noncompliance: In the event of the consultant's noncom- pliance wi*~h the nondiscrlminaclon provisions of l~his contract, the Secretary of Transportation of the State of Kansas shall impose such contract sar~ctions as ~he Secretary of Transporta*~iGn of the State of Kansas may metermine to be appropriate, including, but limitec to, (a) witnholming of payments to the consultant under the contract un~il ~he contractor compl~es, and/or (b) cancellation, termination or suspension of the contract, in whole or in part. (7) Disadvantaged Business Obligation (8) (a) Disadvantaged 6usinesses as defined in the Regulations, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part wit~ Federal funds under this contract. (b) All necessary and re~sonaDie s~eps shall De taken in accordance with the Negulations to ensure ~hat Disadvantaged ~usinesses nave the maximum opp~r~Jni~y to compete for ane perform con- tracts. No person(s) c.:~ _r .... be discriminated against on :he basis of race, roll§ion, color, sex, age, physical handicap or national origin in the award and Cerformance of Federally-assisted contracts. Incorporation of Provisions: The consultan~ will i~ciude ~ne provi- sions of paragrapi~ (1) ~t]rougn (8) in every suDcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, orcer, or ins~rcctions issued pursuant thereto. The consultant will take such ac%ion wi~h respect ~o any subcontract or procurement as the ~re~ar'y 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, ~he consultant may request ~he State to enter into such litigation to protect the interests of the State.