8.1 K-143 North 9th Bridge ReplacementCITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
7/9/2012 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL:
NO: 8
BY:
ITEM PUBLIC WORKS FINAL APPROVAL:
NO: 1
Page 1 BY: Daniel R. Stack BY:
ITEM: Resolution No. 12 -6916
Agreement 87 -12 with the Kansas Department of Transportation (KDOT) regarding K- 143 /North Ninth
Street bridge replacement, KDOT Project No. 143 -85 KA- 0036 -01 (City Project No. 11 -2892)
BACKGROUND:
This project consists of replacing the KDOT owned bridge over a drainage tributary to Mulberry Creek
on K -143 (North Ninth Street) 0.5 mile north of 1 -70. This project also includes the removal of a City
culvert on North Fifth Street downstream of this bridge over the same tributary. KDOT chose to
remove the culvert on Fifth Street at no cost to the City of Salina, because its removal reduces the
size of the required bridge on Ninth Street. This has mutual benefit to the City of Salina as well due to
the age and poor condition of the Fifth Street culvert.
In the summer of 2010, City staff received some complaints regarding the condition of the Fifth Street
culvert. This 10' x 10' x 40.5' reinforced concrete box culvert was built by KDOT in 1919 when Fifth
Street was U.S. 81. It does not meet the length requirements to be classified as a bridge and has not
been routinely inspected. Staff hired a bridge inspection consultant to perform a more detailed
inspection. On the recommendation of the inspection, staff load posted the culvert at a 10 ton weight
limit. Shortly thereafter, KDOT contacted the City with the proposal to include the removal of the
culvert in their project. In February 2011, staff presented options in a study session to the City
Commission ranging from removal to replacement. Staff solicited input from appropriate City
departments and nearby residents regarding the proposed removal, resulting in little resistance to the
proposed plan.
Details of interest in the agreement are as follows:
• KDOT agrees to acquire and pay for all right -of -way required for the project (Article I, No. 2);
• KDOT agrees to let for bids and administer the project (Article I, No. 4);
• KDOT agrees to pay for all aspects of the project (Article I, No. 5);
• Each party agrees to indemnify the other for their own actions (Article I, No. 6);
• The City agrees to by resolution, authorize the Secretary to undertake and complete the project
within the corporate limits of the City (Article 11, No. 1);
• The City agrees to allow the State to utilize any land owned or controlled by the City, lying inside or
outside the limits of the city as shown on the final design plans, for the purpose of constructing the
highway project (Article 11, No. 2);
The project is scheduled for a May 2013 bid letting. The attached agreement has been reviewed by
the City Attorney.
FISCAL NOTE:
No City funds are required as a match or cost share for this project. However, a sizeable City -owned
water and sewer line will need to be relocated along the west side of Ninth Street to facilitate the new
bridge construction. This relocation work is preliminarily estimated at $200,000 and will be borne
from 2013 water /wastewater funds.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
7/9/2012 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL:
NO: 8
BY:
ITEM PUBLIC WORKS FINAL APPROVAL:
NO: 1
Page 2 BY: Daniel R. Stack BY:
CONFORMANCE WITH STRATEGIC PLAN:
Goal 3 Action Item: Maintain a stable operating budget for the delivery of core public services, while
investing as many financial resources as practically possible into maintaining and developing the
public infrastructure.
COMMISSION ACTION OR RECOMMENDED ACTION:
City staff has identified the following options and recommends Option 1:
1. Adopt Resolution No. 12 -6916 authorizing the Mayor to sign the attached agreement and
authorizing the Secretary of Transportation with the Kansas Department of Transportation to
undertake and complete the project as per agreement.
2. Deny Resolution No. 12 -6916 and give staff further direction.
Attachments: Location map
Citizen feedback summary
Agreement No. 87 -12
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Citizen Feedback on Possible Closure of North 5t —h Street Culvert
February 3 -7, 2011
Parcel
Address
Owner
Closure of the
Comments
structure
1
N. 5t Street
C. Peck
Yes or No?
Could not find phone number (owner
out -of state
2
N. 5th Street
R. Palmer
Not a Problem
Would not be a problem to close.
3
2712 N. 5t
N &R Land &
Yes or No?
Wrong phone number listed, could not
Cattle
find correct phone number.
Enter, rises Inc.
4
2700 N. 5th
R. Palmer
Not a Problem
Would not be a problem to close.
5
N. 5 Street
C. Peck
Yes or No?
Could not find phone number (owner
out -of state
6
209 E. Pleasant
Rosemary
Not a Major
Prefer to have 5 Street structure open
Hill Road
(Norris) Bonnin
Problem
to traffic for when snow drifts across
Pleasant Hill Road. However, okay to
close structure if too expense to keep it
open. Would like a crossing for
pedestrians.
7
N. 5t Street
I.J. Hedges
Not a Problem
Would not be a problem to close.
8
N. 5 th Street
I.J. Hedges
Not a Problem
Would not be a problem to close.
Family Trust
9
2404 N. 5 th
T. & C.J. Mallon
Not a Problem
Supports closure, but concerned that
removing the box culvert would cause
additional erosions of her property.
10
2404 N. 5th
T. & C.J. Mallon
Not a Problem
Supports closure, but concerned that
removing the box culvert would cause
additional erosions of her property.
11
J. Budke
Not a Problem
Would not be a problem to close.
(Wanda)
12
2348 N. 5 th
J. & Wanda.
Not a Problem
Would not be a problem to close.
Budke
13
N. 5 th Street
J. & D.
Not Sure
The bridge may be required for
Sampson
facilitating transportation options for
future development in the area.
14
225A Gold Road
Grain Belt
Not a Problem
Would not be a problem to close.
Supply Co.
(Mark Wingo)
15
2324 N. Ninth
Ballou
Not a Problem
Would not be a problem to close.
Street
Pavement
Solutions Inc.
(Doug)
16
2410 N. Ninth
Crane Rental
Not a Problem
Would not be a problem to close.
Street
Employees
Invest. Group
LLC. (Dennis
Russel)
17
2552 N. Ninth
Salina Truck
Not a Problem
Would not be a problem to close.
Street
Sales (Don
Kind, Gen.
Mgr.)
18
Pleasant Hill
Lee Roy
Not Sure
If the structure helps get his property
Road
Schmidt
zoned to 1 -2, he would like it to stay. If
not, it could be closed. The rezoning
of his lot would not be affected by
this structure.
Agreement No. 87 -12
PROJECT NO. 143 -85 KA- 0036 -01
ACBRF -A003 (601)
BRIDGE REPLACEMENT
CITY OF SALINA, KANSAS
AGREEMENT
PARTIES: MICHAEL S. KING, Secretary of Transportation, Kansas Department of
Transportation (KDOT), hereinafter referred to as the "Secretary,"
The City of Salina Kansas, hereinafter referred to as the "City,"
Collectively referred to as the "Parties."
PURPOSE: The Secretary has authorized a Bridge project, hereinafter referred to as the
"Project." The Secretary and the City are empowered by the laws of Kansas to enter
into agreements for the construction and maintenance highways within the City. The
Secretary desires to construct the Project on K -143. The City agrees to the Project in
the City. The Secretary and the City desire to enter into an Agreement to make
improvements to the state highway through the use of state or federal funds or a
combination of state and federal funds.
PROJECT: The Secretary and the City desire to enter into this Agreement for the construction of
a Project for the improvement of K -143, a connecting link of the State Highway
System in the City and is described as follows:
Bridge replacement located approximately 0.5 miles north of the US -40/K -143
junction, and associated restoration work on 5th Street.
EFFECTIVE
DATE: The Parties in consideration of the premises and to secure the approval and
construction of the Project shall mutually agree to perform in accordance with this
Agreement as of the day of 20
ARTICLE I
THE SECRETARY AGREES:
1. The Project shall be undertaken and completed by the Secretary except as otherwise
modified by this Agreement.
2. In the name of the Secretary, to perform appraisal and acquisition work including
condemnation, if necessary, for rights of way and easements as shown on the Project plans. All
costs for rights of way and easements as shown on the Project plans will be paid for with state funds
or federal funds or a combination of state and federal funds.
3. To receive and disburse all funds directly to the Parties involved in acquisition of
rights of way and easements.
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Agreement No. 87 -12
4. To prepare the Project plans, let the contract for the Project and administer the
construction of the Project as required by the Federal Highway Administration to negotiate with and
report to the Federal Highway Administration and administer the payments due the contractor.
5. All construction items included in the Project plans shall be paid for with state funds
or federal funds or a combination of state and federal funds.
6. To the extent permitted by law and subject to the maximum liability provisions of
the Kansas Tort Claims Act, the Secretary will defend, indemnify, hold harmless, and save the City
and its authorized representatives 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 Agreement by the Secretary, the Secretary's employees,
agents, or subcontractors. The Secretary shall not be required to defend, indemnify, hold harmless,
and save the City for negligent acts or omissions of the City or its authorized representatives or
employees.
7. To require the contractor to indemnify, hold harmless, and save the Secretary and the
City from personal injury and property damage claims arising out of the act or omission of the
contractor, the contractor's agent, subcontractors (at any tier), or suppliers (at any tier). If the
Secretary or the City defends a third party's claim, the contractor shall indemnify the Secretary and
the City for damages paid to the third party and all related expenses either the Secretary or the City
or both incur in defending the claim.
ARTICLE II
THE CITY AGREES:
1. It shall, by resolution, authorize the Secretary to undertake and complete the Project
within the corporate limits of the City.
2. The Secretary shall have the right to utilize any land owned or controlled by the City,
lying inside or outside the limits of the City as shown on the final design plans, for the purpose of
constructing the highway Project. Neither the Secretary nor the Federal Highway Administration
shall participate in the cost of these rights of way or easements, unless the Secretary determines the
City will incur an unnecessary hardship. The City shall execute the appropriate deeds and easements
transferring its property rights to the Secretary. Further, the City acknowledges the execution and
transferring of the deeds and easements by the City to the Secretary is an obligation of the City for
this Agreement and construction of the Project.
3. If required, to adopt an ordinance requiring the removal of all encroachments either
on or above the limits of the right of way shown on the Project plans for this Project, and it will
initiate and proceed with diligence to remove or require the removal of encroachments. It is further
agreed all such encroachments be removed before the Project is advertised for letting (provided,
however, 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
2
Agreement No. 87 -12
encroachment is fully removed). The City further agrees it will not in the future permit the erection
of gas and fuel dispensing pumps upon the rights of way of the Project, and it will require any gas
and fuel dispensing pumps erected, moved or installed along the Project be placed no less than 12
feet back of the right of way line. All rights of way provided for the Project shall be used solely for
public highway purposes and no signs, posters, billboards, roadside stands, fences, structures or
other private installations shall be permitted within the rights of way limits except as provided by
state laws.
4. 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.
5. To prohibit parking of vehicles on the city connecting link and on the acceleration
and deceleration lanes of all connecting streets and highways and on additional portions of the
connecting streets and highways the Secretary may deem necessary to permit free flowing traffic
throughout the length of the improvement covered by this Agreement.
6. 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 Project plans. The City
agrees any exceptions therefrom must be approved by the Secretary.
7. Upon request by the Secretary, to provide the Secretary an accounting of all actual
non - participating costs which are paid directly by the City to any party outside of the KDOT and all
costs incurred by the City not to be reimbursed by the KDOT for preliminary engineering, rights of
way, utility adjustments, construction, and construction engineering work phases, or any other
major expense associated with the Project. This will enable the Secretary to report all costs of the
Project to the legislature.
ARTICLE III
THE PARTIES MUTUALLY AGREE:
1. Under the terms of the Federal -Aid Highway Acts 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, in order to be eligible for such federal aid, such work is required to be done in
accordance with the laws of the state of Kansas and federal requirements.
2. The Secretary 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 construct the
Project in accordance with the final design plans. New or existing utilities to be installed, moved or
adjusted will be located or relocated in accordance with the current version of the Kansas
Department of Transportation Utility Accommodation Policy (UAP), as amended or supplemented.
If the City has a population of less than 2,501 (based on the U.S. Bureau of Census -
2000 Census), the Secretary agrees to be responsible for the expense to remove or adjust City
owned utility facilities located on public rights of way as necessary to construct the Project in
accordance with the final design plans. The payment of such expense by the Secretary shall be by a
3
Agreement No. 87 -12
separate utility adjustment agreement between the Secretary and the City. If the City has a
population of more than 2,500 (based on the U.S. Bureau of Census -2000 Census), the utility
owners shall be responsible for the expense to remove or adjust all utility facilities on public rights
of way as necessary to construct the Project in accordance with the final design plans. The expense
of removal or adjustment of utility facilities located on private easements shall be reimbursed to the
utility owners by the Secretary. The payment of such expense by the Secretary shall be by separate
utility adjustment agreement between the Secretary and the utility owners.
3. The final design plans for the Project are by reference made a part of this Agreement.
4. They shall determine the manner in which traffic is to be handled during
construction. It is therefore agreed between the Parties before Project plans have been completed,
detour routes and street closings, if necessary, shall be agreed upon by authorized representatives of
the City and the Secretary, and noted on the Project 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.
5. They have in the past entered into an agreement covering routine maintenance of the
city connecting link, and it is the intention of the Secretary and the City that the agreement for
routine maintenance shall remain in full force and effect and the mileage set out thereon shall not be
affected by this Agreement.
6. The location, form and character of informational, regulatory and warning signs, of
traffic signals and of curb and pavement or other markings installed or placed by any public
authority, or other agency as authorized by K.S.A. 8 -2005, shall conform to the manual and
specifications adopted under K. S.A. 8 -2003 and any amendments thereto are incorporated by
reference.
7. The Special Attachment No. 1 attached hereto, pertaining to the implementation of
the Civil Rights Act of 1964, is hereby made a part of this Agreement.
8. The provisions found in Contractual Provisions Attachment (Form DA -146a, Rev.
10 -11), which is attached hereto, are hereby incorporated into this contract and made a part hereof.
9. 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.
10. No third party beneficiaries are intended to be created by this Agreement, nor do the
Parties herein authorize anyone not a party to this Agreement to maintain a suit for damages
pursuant to the terms or provisions of this Agreement.
The siznature pate immediately follows this parawaph.
M
Agreement No. 87 -12
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:
CITY CLERK
(SEAL)
Lo
THE CITY OF SALINA, KANSAS
MAYOR
Kansas Department of Transportation
Michael S. King, Secretary of Transportation
Jerome T. Younger, P.E.
Deputy Secretary and
State Transportation Engineer