8.2 Agr Bike Path Funds CITY OF SALINA
REQUEST FOR COMMI SS ION ACTION DATE TIME
9/21/198 /4:00 P.M.
AGENDA SECTION: Administration ORIGINATING DEPARTMENT: APPR~VED/~OI~
NO. 8 City Clerk A
Resolution Number 81-3562 - relating to benefits obtainable by cities undeff the
program for federal aid on highway construction.
This Resolution was tabled for one week at the September 14, 1981 meeting.
COMMISSION ACTION
MOTION BY SECOND BY
TO:
Supplemental No. I to
Agreement No. 72-80
PROJECT NO. 85 U
ooos C0o )
B£KE~AY SIGNS, BIKEVAY PARKING FACILITIES
BIKETm/AY HAPS AND BIKEI~/AY SAFETY COORDINATOR
CITY OF SALINA, KANSAS
SUPP L EHENTAL AG REEHENT
This agreement, made and entered into this day of
1~, by and between the City of Sai ina, Kansas,"hereinafter referred
to as the City, and the Secretary of Transportation of the State of
Kansas, hereinafter referred to as the Secretary.
RECITALS:
14HEREAS, The Secretary and the City entered into an agreement
dated September 22, !~80, hereinafter referred to as the "original
agreement", covering a City request for costs and installation of
bikeway route signs, bicycle parking facilities, bikeway maps and
a bikeway safety coordinator, and
14HEREAS, the Secretary and the City desire to revise the comple-
tion date for employment of the bicycle safety coordinator.
t1014, THEREFORE, in consideration of the premises, the parties
hereto mutually agree as follows.
1. It ls mutually agreed that Section ld of the original
agreement shall be revised to read as follows:
"Hire a part tlm~ bicycle safety coordinator for a period
from October of 1~80 to December 31, 1~81."
2. All of the terms and conditions of the original agreement
shall remain in full force and effect except as herein modified.
Supp. No. ! to
No. 72-8G
3. TE[s supplemental agreement shall be binding upon the
Secretary and the City and their successors [n office.
IN rdETNES$ T4HEREOF the partres 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
C[T~ CLERK HAYOR
(SEAL)
John B. Kemp
Secretary of Transportation
of the State of Kansas
-2-
Ag~en~ ~o. 72.'-80
BI K~AY GRANT PROGRAM
-.
PROa£CT NO. 85' U-O691-OT
BIKEWAY SIGNS*, $1KE~AY PARKING' FACILITIES
BIKEWAY HAPS AND BIKEWAY SAFETY COORDINATOR
CiTY OF SALINA,. KANSAS'
.Uni*~: Pr[cz Agreement for' the
Costs of Bikeway Route Signs,
Bicycle Parking Facilitles,
Bikeway Haps and a Bikeway
S~fety Coordinator
l'hfs agreement, made and entered into this.22ndda~,
19 8.__Q by and bet~veen the CTW of Sallna, Kansas, hereinafter referred
to as the City, and the Secretar~ of .Transportation of the State of
Kansas, he*reinafter refer~ed to as' the Secretary, **
REC ! TALS:
WHEREAS, The Secretary and the said City are empowered by the
Laws of Kansas t:o enter- |nto 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.
imp foremen ts, an d
I~IEREAS, under :he terms of the Federal-Aid Highway Ac: 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, hlghways and bikeways, 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 administration
of the Oepar:ment of Transpor'catlon of such state, and
WHEREAS, the City does hereby request ::he Secretary to take such
ste~s as are deemed by ~:he Secretary to be necessary or advlsable For
the purpose of securing approval by the Federal Highway Administration
of a project For the marking of proposed' blkewa¥ routes, hiring a par:
time bicycle safety c~ordlnator, [nstalling bicycle parking facilities
and printing and d~stributing of bikeway route maps, and
· Vit~,. the Sec.reCary and the City des~r~ to enter- into an
acjreemenC caver~ncj marking of' proposed bikeway- routes, hi rfng a par::
time bicycle safety cc~rdinaCor~ installing bicycle parking facili-
tre~ and printing and d~s:ribul:in~ of bikeway route maps.
NOW~'THER£FORE,. l'n c~ns['deration of the premises anti to secure
the approval and construcl:[on of' the sold p~oject, the part{es hereto.
mutual Iy' agree as fol lows.,
Tam
The City agree~: to:-
Prepare abbrev[ate~f but: adequate plans', specifications
and estimates for the signing of the bicycle routes and
the bicycle parkTng facilities, which plans, specifl-
cai:tons and est[mates shall be subject to necessary
reviews and approval by the Secretary,
Inst~a11 the above described bicycle route signs and
bicycle parking Facilities ~ make adequate provision for
their maintenance and do a11 incidental and appurtenant
work. in- accordance with :he plans and specifications for
the pro~ect.
Provide adequate information, speclfications and est[mates
for the printing of a Bicycle Route. Map subject to the
necessary reviews and approvals by the Secretary.
d. Hire. a part time bicycle safety coordinator fora pe.r~od '
of one year from October of 1~80 to
2. The City will install the bikeway route signs and bicycle
parking facilities at the agreed unit prices for varTous items of work
oantained in the cost proposal, which is attached hereto and incorpor-
ated herein by reference, which will be payment in full for all costs
of labor, equipment and materials necessary to complet~ the work in
accordance with the plans and specifications which are a part of this
agreement. The City will· keep adequate records of ail .necessary
items involved in carrying out :he work performed by the City under
the terms of this agreement:, and will glve access to such records at:
any reasonable time to any representative of the Secretary or of the
Federal Highway Administration. These records are to be retained for
three (~) years .after final acceptance and payment: to the City.
The Secretary agrees to reimburse the Clty as follows:
ae
Seventy flve (75) percent: of the cost of labor, equip-
ment and materials for the s~gning of the b;cycle route
to a max{mum of three thousand, three, hundred and seventy
five ($3,375.00) dollars.
71-80
Seventy five (75) percent, of the cos: of the labor,
equipment' and mater'Tals for the installation of: the
bT(yale parking* fac[lit:ies to a maximum of seven
hundred and fifty (3750.00) dollars.
Seventy fi*ye (75) percent:-o~ ,the cps: o~ printing
the* B. icy¢le* Rout:e ~lap to- a maximum ofr one- thousand,.
oeo hundrecL anal twenty fTv~ ($1 ~125.00) dol lar~.
Seve~L'y- f[v~ (75) pert. eh1: of the cost of the par:
ti'~ bicycle: safety coorcHnator for one year to ~
maxi'mum of fOUr thousand', three hundred and eighty
seven fifty ($4,387.50) dollars.
Seventy five (75) percent of the cost o~: overhead,
office, suppl les ~ fi lm rental, etc., for the bicycle
safety ¢~ord~nator to a ~aximum of one thousand'~ three
hundred and. twelv~ f~L'y ($1,]1Z.50) dollars.
Providing, however, if any [terns are found to be ncn-parttci'-
paring by the ~ederal Highway Administration, the total cost of those
Items will be paid by the City~
/4. Peril'al payments shall be made to the City at: intervals to be
agreed upon be:ween the Department of~ Transpor~cation~s DistriCt Engineer
and the City. 'The City wil'l make an approximate estimate.in writing of
the accumulated work performed during the preceding period and. the value
thereof' ar. the unit' prices in the agreement.
Vhen requested by :he City, payments may be made for non-
perishable materials obtained for use on the project which are not
ilkeIy to be used sooner t~an sixty (~0) c~ays fram the payment prepa-
ration date. Receipted bills for. alt involced material payment:s, if
allowed, must. be submit:ed to the Oeparl:rnen: of Transportatlon~s
Olsl:rict Engineer within thirty (30) days after parl:ial payment for
these materials has been made..
Ail payments will be based on federal-eld parliicipatlon in the
amount: of seventy five (75) percent of' the work c~mpleted.. FTve (5)
percent* of the federal funds due the City shall be retained until
provisions of the contract: have been fui]y sal:|sfied.
5- The City will submit: to the District: Engineer, seven (7)
copies oE a f~nal and complete billing of units of completed work
afl:er the c=mpletion and final Tnspec:Ton of the inst~11ation and the
Secretary wi]1 reimburse, the C~:y pending the Federal Highway Admiinls-
tration"s f~nal acceptance of the project for seven·fy five (75) percent
of the cost: for installation of all cons:rut:ion in the approved plans.
6. It is mutually agreed by :he 'Clty and the Secretary thai: the
CiL'y wit1 provide the necessary labor and supervision and that the
Secretary or his representatives shall make periodic inspecl:ions and
that represen:at{ves of the Federal Highway Administration may make
such inspections of the project the: they deem necessary or desirable.
T- I1: Ts mutually agreed that'.any chanc~e~ In plans, duff'nc.% the
~__rogress e~ the week shall reou; re aoprova. 1 in writ[hq by the City~
and the SecreCa~ and no c~an~. ~n ~l~n~ g~ materials substitution
~llt be' pe~iCCed by th~ ClOy ~fchouC su~-approval.
8, ~e C~ ag~ Chac wh~- sa.~d pro~ec: Fs ~pleced and
appr~e~ ~ac [cwilt ac ~Cs ~n ~sC ~d ~p~se, maintain,, r, piece
d~ged, srgns, posts ~ bike rac~ and wi 11' ~ke ample provis'~o~ ea~
yearfor su~ ~inc~ance. Failu~ by ~e-CT~ Co fulfill ~is ~-
sp~s~bFli~ will. d[squali~ said C~ f~m ~uture federal-aid
pa~Jclpa:['~ ~ projec:~ for whi~ the City ~ul~ have maint~ance
~'~ ~e tocat[on, for and character-of info~ati.Onal, reguTato~
an~'wamlng si'gas or other ma~[ngs installed or pTaced by public
authorfW, or other eg~, pursuant to this agre~t, shall confo~
to-all requir~ts of the Hanual on Unifo~ Traffic- Control O.vices
and. shall be subject to the approval of' the S.cretan-~ith the c~ncur-
r~ of' ~e Fed, raT Highway A~inistrattan and shall no: be i'ns:alle~
p~lor to su~ approval'.
I0. ~e. CiW agrees :o adopt all necesse~ ordinances and/or
r~olut[~s and to take such legal steps as may be required to give
full effect to the :ems of this agreement.
'!T. The~y agrees upon comple1:[on o.F the project, Tt will
furnish.four,C4] cop~ies o.f the Following items 1:o the District. Engl-
neer prior to'~he fonal inspectlon:
a., Tbs suppller's certifications that' the materials
suppliecl meet wi ch the plan specifications.
be
The City's certification that the project was built
in reasonable conformance with the plan dimensions
and .speci f i c~C f on s.
The City's certification that :he City will maintain
the signing project and the bicycle parking facili-
ties in conformance to the Manual on Uniform Traffic
Con:rD I Day i cas.
The City's certifica1:ion to the number of.months and
the: amount paid the part t|me safety cooi"dina:or.
12. The City also agrees upon completion of :he project, it will
notify the District Engineer :hat :he project has been completed and
request Final inspection. The Dis:rfc: Engineer, or his r,pr,sen:a-
tire, acccmpanied by a ¢;C-y representative shall inspect :he project.
If it is satisfactorily constructed and fn conformance with the plan
dimensions, the Oistri'ct Offic~ shall issue a Not. ice of Acceptance.
-- 4 --
No. 72-80
I~.. The City w[Tl save the Secretary and' his or her authorized
regresentati'ves harm[ess fr~m any and a.ll ¢osts~ llabIllt)es~
~g~, su~ ~udgm~ts and. claims of any nature, whatsoever arising
ou~ o~ or In c~nec~ion w[~ ~ provisions o~ pe~o~anc~
~t~c:,. or subc~nt~c:=. ~te~d into- in connection :herew[~.~ or ..
~e ~[nC~anc= o~ the here~'n~escr{bed, i~v~enc, or the acts of
~ Secre.ta~ or his or her authorfzed repres~tat~ves,, agent~ or
~l~e~ wh~-ac:in~ ~der the provisions of' this ~ntrac: or
sub~t~c~ ~ereto~
[~, ~e par:les ~o hereby agree that :he "Special
attached hereto, pertaining to ~e.lmpl~entac[on o~ the Civil. Rights
Act o~ l~&q, 'is hereby ~de a part o~ this agreement.
rS-- - it rs ?ur~er unde~too~ that: th)s: ag~ement and all' contacts
~te~d into ~der' the prov[slons oF th[s agre~ent shall be binding
~ ~e Secreta~ and the Ci~. and their successors in
IN 141TNESS ldHEREOF the parties hereto have caused this agreement
to be. signed by their duly author)zed officers on th~ day and year
first above wr)tten.
ATTEST:
CiTY CLERK
THE CITY F.SALINA, KAIqSAS
(SEAL)
Secretary of Transportation
of the State of Kansas