6.4 Wayfinding Grant Agreement
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
12/19/2005
TIME
4:00 P.M.
AGENDA SECTION
NO:
ITEM
NO.
Page 1
4
ORIGINATING DEPARTMENT: APPROVED FOR
AGENDA:
DEPARTMENT OF PUBLIC WORKS
BY: Shawn o'Leard
BY qw(
6
ITEM:
Agreement with the Kansas Department of Transportation for the Salina Streetscape and Entryway
Enhancement Project.
BACKGROUND:
On May 17, 2005, the City of Salina was awarded a transportation enhancement grant by the Kansas
Department of Transportation for the Salina Streetscape and Entryway Enhancement Project. The
grant application was authorized by the City Commission on November 8, 2004. This project involves
landscaping enhancements to the existing center roadway medians on North Ninth Street from 1-70 to
Euclid Avenue; landscaping improvements at two interstate interchanges including 1-70/North Ninth
Street and 1-135/Crawford Street and wayfinding signage installations on North Ninth Street from 1-70
to Crawford Street and on Crawford Street from 1-135 to the eastern city limits. The estimated total
project cost is $413,000 with 50 percent paid by the KDOT grant and the remainder paid with city
funds.
The attached project agreement between KDOT and the City of Salina addresses the roles and
responsibilities of the City of Salina and KDOT for the project. This grant program is unique in that the
City is responsible for administration of the design, construction and construction engineering for the
project in coordination with KDOT staff and policy. KDOT then reimburses the City at the completion
of the project. The city-wide wayfinding signage master plan is currently under way. Design of the
other project elements will begin in 2006.
If approved, it is anticipated that construction on the project will begin in late summer or early fall of
2006.
FISCAL NOTE
The 2006 Capital Improvement Program allocates $300,000 in sales tax funds for this project.
RECOMMENDATION:
It is recommended that the City Commission approve the KDOT Agreement No. 129-05 for the Salina
Streetscape and Entryway Enhancements, Project No. 85 TE-0277-01, TEA-T027(701).
Resolution No. 05-6234
8
Transportation Enhancement Project
Application Form
Fiscal Years 2006 and 2007
"" -.
'",' "
" .
DATE: November 8, 2004
Sq. ft.
PROJECT acres
AREA/LENGTH: 8.0 miles
PRIMARY CATEGORY: Scenic and Environmental
REQUESTOR: City of Salina
GOVERNMENT AGENCY:
City of Salina
COUNTY:
Saline
North 9th Street from 1-70 to Crawford Street; West Crawford
PROJECT LOCATION:
Street from 1-135 to east city limits.
PROJECT DESCRIPTION:
Landscaping at interchanges; center median landscaping and
beautification; wayfinding signage at two primary corridors.
COST ESTIMATE:
Current
2004
Cost
Shawn O'Leary, P.E.
Contact Person
Construction Cost:
370,920
Director of Public Works
Title
Right-of-Way Cost:
Utility Adjustment Cost:
$
$
$
$
0
0
300 West Ash Street
Street Address
Construction Engineering:
2004 TOTAL PROJECT COST:
$
0
370,920
P.O. Box 736
Mailing Address
Inflation Factor
X 1.113
Salina, Kansas 67401-0736
City and Zip Code
Inflated TOTAL PROJECT COST: $
412,834
Phone # (
785 ) 309-5725
Fax # ( 785 ) 309-5713
% Federal Aid Requested:
50 %
% Local Match* 50 %
* Minimum of 20%
.oleary@salina.org
on
Please circle any secondary categories:
Submit by November 8, 2004 to:
.
Pedestrian/Bicycle items
Kansas Dept. of Transportation
Office of Engineering Support
700 SW Harrison Street
Topeka, KS 66603-3754
.
Scenic & Environmental items
.
Historic items
13
NORTH NINTH STREET
EXISTING ASPHALT CENTER MEDIANS
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Agreement No. 129-05
PROJECT NO. 85 TE-0277-01
TEA- T027(701)
TRANSPORTATION ENHANCEMENT PROJECT
LANDSCAPING GA TEW A Y MEDIANS
CITY OF SALINA, KANSAS
PARTIES:
PURPOSE:
PROJECT:
AGREEMENT
DEBRA L. MILLER, Secretary of Transportation, hereinafter referred to as the
"Secretary"
Kansas Department of Transportation (KDOT)
The City of Salina, Kansas, hereinafter referred to as the "City"
The Secretary is authorized by the current Federal-Aid Transportation Act which
requires states to set aside certain portions of their federal funding allocated under
the current Federal-Aid Transportation Act for Transportation Enhancement (TE)
projects. The Secretary is empowered to pass through federal STP Funds for TE
projects to eligible state agencies or local governments which apply to utilize such
funds on eligible TE projects. Through the TE Program the Secretary desires to
make a portion of the STP Funds available to eligible state agencies and local
governments. The Secretary and the City are empowered by the laws of Kansas to
enter into agreements for federal STP funding under the Transportation
Enhancement Provision of current Federal-Aid Transportation Act. Under the tenDS
of the current Federal-Aid Transportation Act and the rules and regulations of the
Federal Highway Administration (FHW A), states and local governments are, under
certain circumstances, entitled to receive assistance in the financing of
transportation enhancements projects, provided however, that in order to be eligible
for such federal-aid, such work is required by federal law to be done in accordance
with the laws of the state.
The Secretary and the City desire to enter into this Agreement and take such steps
as are deemed by the Secretary to be necessary or advisable for the purpose of
securing the benefits of the current Federal Transportation Act for the construction
of a TE Project, hereinafter referred to as the Project, for the landscaping of the
Salina Gateway medians, in Salina, Kansas, and is described as follows:
The beautification of two primary gateways into Salina by replacing the asphalt
raised medians on North 9th Street with landscaped and irrigated raised medians,
including attractive entry and way finding signage.
EFFECTIVE
DATE: The parties in consideration of the premises and to secure the approval and
construction of the Project shall mutually agree to perfonn in accordance with this
Agreement as of the _day of ___,20_,
Agreement No. 129-05
ARTICLE I
THE SECRETARY AGREES:
1. To provide technical information upon request to help the City acquire rights of
way in accordance with the laws and with procedures established by the Bureau of Right of Way
and the Office of Chief Counsel of the Kansas Department of Transportation and as required by
Federal Highway Administration directives such that the City may obtain participation of federal
funds in the cost of the Project.
2. To reimburse the City for fifty percent (50%) of the total actual costs of
construction (which includes the costs of all construction contingency items). The Secretary
agrees to make partial payments to the City for amounts not less than $1,000 and no more
frequently than monthly. Such payments will be made after receipt of proper billing and approval
by a licensed professional engineer and/or licensed architect employed by the City that the
Project is being constructed within substantial compliance of the plans and specifications. Billing
shall be supported by a progress schedule acceptable to the KDOT, which should include the
beginning/ending of the billing period, the percentage of work completed, and the actual costs
incurred during the billing period. Accumulated partial payments shall not exceed the total fees
earned less the $500 retainage for each work phase, prior to approval and acceptance of completed
work on the all phases by the KDOT. Further, the Secretary shall not be responsible for the total
actual costs of preliminary engineering, construction administration, rights of way, and utility
adjustments for the Project.
ARTICLE II
THE CITY AGREES:
1. To make or contract to have made design plans, specifications, estimates, surveys,
and any necessary studies or investigations, including, but not limited to, environmental,
hydraulic, and geological investigations or studies for the Project. The City shall design the
Project or contract to have the Project designed in conformity with the state and federal design
criteria appropriate for the Project in accordance with the current American Association of
Highway and Transportation Officials (AASHTO) design standards, the American Institute of
Architects (AlA) standards, the Secretary of the Interior's Standards for the Treatment of
Historic Properties, the American Society of Landscape Architects guidelines and the Kansas
Department of Transportation's (KDOT's) Design Engineering Requirements (Attachment
No.1), the current version of the City's standard specifications and the rules and regulations of
the Federal Highway Administration pertaining thereto. The final design plans for the Project
are by reference made a part of this Agreement. The City further agrees to follow the Kansas
Transportation Enhancement Program Project Administration Guide for the administration of the
Project.
2
Agreement No. 129-05
2. To make or contract to have made design plans, specifications, estimates, and any
necessary surveys, studies or investigations, including, but not limited to, environmental,
hydraulic or geological investigations or studies for the Project which shall be submitted to the
Secretary by a licensed professional engineer and or a licensed professional architect attesting to
the conformity of the design with the items in paragraph I above. The final design plans must be
signed and sealed by a licensed professional engineer and/or licensed professional architect
responsible for preparation of the design plans.
3. That the City and any consultant retained by the City shall have the sole
responsibility for the adequacy and accuracy of design plans, specifications, estimates, and
necessary surveys, investigations or studies, including, but not limited to, environmental,
hydraulic, and geological investigations or studies for the Project. Any review of these items that
may be performed by the Secretary or his or her representatives is not intended to and shall not
be construed to be an undertaking of the City's and its consultant's duty to provide adequate and
accurate design plans, specifications, estimates, and necessary surveys, investigations or studies,
including, but not limited to, environmental, hydraulic, and geological investigations or studies
for the Project. Such reviews are not done for the benefit of the consultant, the construction
contractor, the City, or other political subdivision, nor the traveling public. The Secretary makes
no representation, express or implied warranty to any person or entity concerning the adequacy
or accuracy of the design plans, specifications, estimates, surveys, and any necessary
investigations or studies, including, but not limited to, environmental, hydraulic, and geological
investigations or studies for the Project, or any other work performed by the consultant or the
City.
4. That any design exception to the current version of the AASHTO Design
Standards shall be in accordance with 23 CFR 625 for the Project.
5. The Secretary is authorized by the City to take such steps as are deemed by the
Secretary to be necessary or advisable for the purpose of securing the benefits of the current
Federal-Aid Transportation Act for this Project.
6. To the extent permitted by law and subject to the maximum liability provisions of
the Kansas Tort Claims Act, the City will defend, indemnify, hold harmless, and save the
Secretary and his or her 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 City, the City's
employees, or subcontractors. The City shall not be required to defend, indemnify and hold the
Secretary harmless for negligent acts or omissions of the Secretary or his or her 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 that either the Secretary
or the City or both incur in defending the claim.
3
Agreement No. 129-05
8. That a duly appointed representative, or Chairperson of the City Commission is
authorized to sign for the City any or all routine reports as may be required or requested by the
Secretary in the completion of the Project undertaken under this Agreement.
9. The Secretary shall not participate in the cost of any real property or easements
within, across or through any land owned in fee simple or controlled by the City. The City shall
provide any real property, easements or land owned in fee simple or controlled by the City at no
cost or charge to the Secretary.
10. To warrant at all times during the construction of the Project and for the period of
its useful life, the City will coordinate with the Secretary on all matters involving use of highway
right of way adjacent to or in the vicinity of the project, including but not limited to access,
traffic control, drainage and utilities, and shall abide by the Secretary's determination of any
needs for joint use of right of way, easements or real property for state highway purposes which
may arise from or in connection with this Project.
11. That within its respective jurisdictions, 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 construct the Project in accordance with the final design
plans. New or existing utilities that have to be installed, moved or adjusted will be located or
relocated in accordance with the current version of the KDOT Utility Accommodation Policy
(UAP), as amended or supplemented. The expense of the removal or adjustment of the utilities
located on public rights of way shall be borne by the owners. The expense of the removal or
adjustment of privately owned utilities located on private rights of way or easement shall be
borne by the City.
12. That it will expeditiously take such steps as necessary to facilitate the early
adjustment of any utilities, will initiate the removal or adjustment of the utilities, and will
proceed with reasonable diligence to prosecute this work to completion. The City further agrees
to move or adjust or cause to be moved or adjusted all necessary utilities prior to the scheduled
construction letting except those necessary to be adjusted during construction and those which
would disturb the existing street surface. The City will initiate and proceed to complete adjusting
any remaining utilities in order that the contractor shall not be delayed in construction of the
Project.
13. It is understood that the City shall determine the manner in which traffic is to be
handled during construction in accordance with the current version, as adopted by the Secretary,
of the Manual of Uniform Traffic Control Devices (MUTCD).
4
Agreement No, 129-05
14. To let the contract for the Project and shall award the contract to the lowest
responsible bidder upon concurrence in the award by the Secretary. The City further agrees to
administer the construction of the Project in accordance with the final design plans, the standard
specifications, a Construction Administration Agreement and administer the payments due the
contractor, including the portion of the cost borne by the Secretary. Decisions about what
construction costs are federal participating will be made in accordance with the requirements of
the Federal Highway Administration and the Secretary.
15. To require the contractor to pay prevailing wages if required. The City will
incorporate into the construction contract, if applicable, the following bid documents: The Davis-
Bacon Certification Verification Agreement along with an the current general wage decision for
the county in which the Project is being constructed, Disadvantage Business Enterprises (DBE)
Contract Goals, Certification of Understanding DBE Goal and Federal Aid Utilization ofDBEs.
16. To incorporate into the construction contract, the following required bid
documents: Certification Regarding Noncollusion & History of Debarment, Required Contract
Provisions Certification-Federal Funds-Lobbying, Required Contract Provisions Certification
Contractual Services with Current Legislator or Legislator's Firm, Kansas Department of
Transportation Special Attachment (Civil Rights and Nondiscrimination), FHWA-1273 Required
Contract Provisions Federal-Aid Construction Contracts, FHW A 11246- Notice of Requirement
for Affirmative Action to Ensure Equal Employment Opportunity, Required Contract Provision
Specific Equal Employment Opportunity Contractual Requirement and Buy American Materials.
17. To construct the Project in accordance with the plans and specifications, and
supervise the construction and administer the payment due the contractor, including the portion of
cost borne by the Secretary. The participating items shall be shown separated and listed apart from
the non-participating items on both the final design plans and the bid documents. That the
specifications will require the contractor to provide a performance bond in a sum not less than the
amount of the contract as awarded.
18. To provide the construction inspection necessary to determine substantial
compliance with the design plans, the specifications, Project provisions, this Agreement and a
construction administration agreement.
19. To be responsible for fifty percent (50%) of the total actual costs of construction
(which includes the cost of all construction contingency items). The City further agrees to be
responsible for one hundred percent (100%) of the total actual costs for preliminary engineering,
construction administration, rights of way, and utility adjustments for the Project.
20. To maintain a complete set of final plans reproducible, as-built prints, approved
shop drawings, and structural materials certification for five years after the Project's completion.
The City further agrees to make such reproducible, prints, drawings, and certifications available for
inspection by the Secretary upon request. The City shall provide access to or copies of all of the
above-mentioned documents to the Secretary.
5
Agreement No. 129-05
21. That when the Project is completed and final acceptance is issued by the City, it
will, at its own cost and expense, maintain the Project. 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.
22. 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.
23. That during the useful life of the Project any change in the use of the real property
will require written approval by the Secretary. After the Project is completed and approved, the
City agrees not to change the use of the real property for the Project. If the City determines that
the use of the real property for the Project is to be changed, the City agrees that the change in the
use of the real property will require prior written approval by the Secretary.
24. To adopt an ordinance requiring the removal of all encroachments either on or
above the limits of the right of way within their respective jurisdictions as shown on the final
design plans for this Project and they will initiate and proceed with diligence to remove or
require the removal of the encroachments. It is further agreed that all such encroachments be
removed before the Project is advertised for letting providing, however, that 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. 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 limits
except as provided by state laws
25. To locate and shall be responsible for all costs necessary to remedy or clean up
any hazardous waste site, including, but not limited to, leaking underground storage tanks that
are discovered on rights of way, easements and access rights acquired by the City. The City shall
be responsible to the Secretary for all damages, fines or penalties, expenses, claims and costs
incurred by the Secretary from any hazardous waste site discovered on rights of way, easements
and access rights acquired by the City.
For any hazardous waste site, including but not limited to, leaking underground
storage tanks, the City shall hold harmless, defend and indemnify the Secretary, its agents and
employees against and from all damages, expenses and costs incurred by any person, the State of
Kansas, or the United States Government for determining and undertaking remedial action, any
fines or penalties assessed under state or federal laws, contract claims, personal injury claims,
and damage of or loss of natural resources.
It is specifically agreed between the parties executing this Agreement that any
provision of this hazardous waste clause is not intended to make the public, or any member
thereof, a third party beneficiary hereunder, or to authorize anyone not a party of this Agreement
to maintain a suit for personal injuries, property damages, or hazardous waste claims. The duties,
obligations and responsibilities of the parties to this Agreement with respect to third parties shall
remain as imposed by law.
6
Agreement No, 129-05
The City by signing this Agreement with the Secretary has not repudiated,
abandoned, surrendered, waived or forfeited its right to bring any action, seek indemnification or
seek any other form of recovery or remedy against any third party responsible for any hazardous
waste on any rights of way, easements, and access rights acquired by the City. The City reserves
the right to bring any action against any third party for any hazardous waste site on any rights of
way, easements, and access rights acquired by the City.
The term hazardous waste includes, but is not limited to, any substance which
meets the test of hazardous waste characteristics by exhibiting flammability, corrosivity, or
reactivity, or which is defined by state and federal laws and regulations, and any pollutant or
contaminant which may present an imminent and substantial danger to the public health or
welfare. Any hazardous waste as defined by state and federal laws and regulations and
amendments occurring after November 11, 1991, are incorporated by reference and include but
not limited to: (1) 40 C.F.R. § 261 et seq., Hazardous Waste Management System; Identification
and Listing of Hazardous Waste; Toxicity Characteristics Revisions; Final Rule; (2) 40 C.F.R. §
280 et seq., Underground Storage Tanks; Technical Requirements and State Program Approval;
Final Rules; (3) 40 C.F.R. § 300, National Oil and Hazardous Substances Pollution Contingency
Plan; Final Rule; and (4) K.S.A. 1990 Supp. 65-3431 et seq., Hazardous Waste.
The standards to establish cleanup of a hazardous waste site include, but is not
limited to, federal programs administered by the E.P.A., State of Kansas environmental laws and
regulations, and the City, and county standards where the hazardous waste site is located.
26. The City agrees to comply with the provisions found in "Attachment No.3"
attached hereto, and hereby made a part of this Agreement.
27. Upon request by the Secretary, the City agrees 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, construction engineering, rights of way, utility adjustments, 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 SECRETARY AND THE CITY MUTUALLY AGREE:
1. That the estimated cost for construction is $414,000, which is the total estimated
participating cost. It is further mutually agreed this estimated cost figure is to be used for
encumbrance purposes by KDOT and adjustments will be made based on the actual Project
costs.
2. That if any items are found to be non-participating by the Secretary, acting in his
own behalf and on behalf of the Federal Highway Administration, the total cost of these items
will be paid for by the City. If any construction items are found to be non-participating by the
Secretary, the City agrees that the Secretary can reduce the construction administration cost in its
proportion to the reduction in the total participating construction cost.
7
Agreement No. 129-05
3. That all change orders shall be reviewed and approved by the Secretary prior to the
City authorizing the work associated with such change order. If the City has not received prior
approval, then the work will be considered non-participating and will be paid for by the City.
4. That representatives of the Secretary may make periodic inspection of the Project
and the records of the City and as may be deemed necessary or desirable. The City will direct or
cause its contractor to accomplish any corrective action or work required by the Secretary's
representative as needed for a determination of federal participation. The Secretary does not
undertake (for the benefit of the City, the contractor, the consultant, or any third party) the duty
to perform the day-to-day detailed inspection of the Project, or to catch the contractor's errors,
omissions, or deviations from the final design plans and specifications.
5. It is the policy of the Secretary to make any final payments to the City for services
related to the Highway program in a timely manner. The Single Audit Standards set forth in
Federal O.M.B. Circular A-133, Audits of States, Local Governments, and Non-Profit
Organizations and in 49 C.F.R. 18 (Common Rule), require that an audit be performed by an
independent certified public accountant in accordance with those standards. All information
audited shall comply with 49 c.F.R. 18 (Common Rule).
The Secretary may pay any final amount due for the authorized work performed
based upon the City's most recent Single Audit Report available and a desk review of the claim
by the Contract Audit Section of the Secretary's Bureau of Fiscal Services. The City, by
acceptance of this Agreement, acknowledges that the final payment is subject to all single audits
which cover the time period of the expenses being claimed for reimbursement. The Secretary and
the City agree that as the Single Audit Report becomes available for the reimbursement period
(normally should occur within a period of 1-2 years), that the Secretary will review the Single
Audit Report for items which are declared as not been eligible for reimbursement. The City
agrees that if payment has been made to the City for items subsequently found to be not eligible
for reimbursement by audit, that the City will refund to the Secretary the total amount of monies
paid for same. The City further agrees to make such payment to the Secretary within thirty (30)
days after receipt of a complete and final billing from the Secretary's Chief of Fiscal Services.
6. The parties agree it is not the intent of this Agreement or the Project provided
herein to create or expand the status of any land involved in this project as a "significant publicly
owned public park, recreation area, or wildlife and waterfowl refuge, or any significant historic
site", for purposes of 49 US.C. 303 and 23 c.F.R. 771.135 (hereinafter referred to as "4(f) status"),
except as hereinafter expressly provided.
Unless otherwise stated below in this section, it is agreed the major purposes or
functions of land involved in the project are to preserve or enhance the scenic, historic,
environmental or archeological aspects, or the usefulness for Intermodal users (including
bicyclists, pedestrians, and other non-motorized transportation users) of existing or new
transportation facilities. It is further agreed any park, recreation or refuge purposes or functions are
secondary or incidental thereto.
8
Agreement No. 129-05
The parties agree for purposes of any future detenninations of 4(f) issues as
required by 49 US.C. 303 or regulations adopted thereunder, the Secretary is hereby designated as
the public official having jurisdiction of such detenninations. However, it is not the intent of this
section to affect the detennination of whether a historic or archaeological site is on or eligible for
inclusion on the National Register of Historic Places.
7. That the location, fonn and character of infonnational, 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 confonn to the manual
and specifications adopted under K.S.A. 8-2003, and any amendments thereto are incorporated
by reference and shall be subject to the approval of the Secretary.
8. The parties do hereby agree that the Special Attachment No.3 attached hereto,
pertaining to the implementation of the Civil Rights Act of 1964, is hereby made a part of this
Agreement.
9. If, in the judgment of KDOT, sufficient funds are not appropriated to continue the
function perfonned in this Agreement and for the payment of the charges hereunder, KDOT may
terminate this Agreement at the end of its current fiscal year.
10. It is further understood that this Agreement and all contracts entered into under
the provisions of this Agreement shall be binding upon the Secretary, the City and their
successors in office.
11. It is expressly agreed that no third party beneficiaries are intended to be created
by this Agreement, nor do the parties herein authorize anyone not a party to this Agreement to
maintain a suit for damages pursuant to the terms of provisions of this Agreement.
12. It is mutually agreed the Project will be constructed within the limits of the
existing public property. Necessary utility adjustments will be made prior to submission of final
plans. The expense of removal or adjustment of utilities and encroachments located on public
rights of way or easement shall be borne by the owner or the City.
9
Agreement No, 129-05
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be signed
by their duly authorized officers on the day and year first above written.
ATTEST:
THE CITY OF SALINA, KANSAS
CITY CLERK
MAYOR
Debra L. Miller
Secretary of Transportation
(SEAL)
BY:
Warren L. Sick, P.E.
Assistant Secretary and
State Transportation Engineer
10
Attachment No.1 -
Attachment No.2 -
Attachment No.3 -
Attachment No.4 -
Agreement No, 12<J-O5
INDEX OF ATTACHMENTS
Design Engineering Requirements
Construction Engineering Provisions
Civil Rights Act of 1964 & Rehabilitation Act of 1973
Contractual Provisions Attachment
11
(4)
(5)
(6)
(7)
Agreement No. 12'1-05
Attachment No.1
DESIGN ENGINEERING REQUIREMENTS
Scope of Design Services:
(1)
Prepare detailed drawings and specifications in accordance with the American Association
of Highway and Transportation Officials (AASHTO) Design Standards. The KSHS shall
provide for design exceptions in accordance with 23 CFR 625.
(2)
Make the necessary surveys to detennine the extent of rehabilitation to meet the necessary
requirements.
(3)
Prepare and furnish to the KDOT the requested number drawings of preliminary
construction plans for field/office check. These plans shall consist of drawings and other
documents to fix and describe the size and character of the Project as to architectural,
structural, mechanical and electrical systems, material and such other elements as may be
appropriate.
Field/Office check the Project with a representative of Program and Project Management.
Complete drawings and make necessary revisions made at a field check and/or an office
check review or by recommendations, errors, or omissions at any time prior to the
completion and final acceptance of the construction contract.
Complete the plans, include the specifications and necessary bidding and contract
documents.
Submit required number of completed sets of plans to KDOT for final review along with an
updated detailed cost estimate.
12
Attachment No.2
Agreemclll No, 12',/-{))
CONSTRUCTION ADMINISTRATION PROVISIONS
SCOPE OF CONSTRUCTION ADMINISTRATION SERVICES
Services To Be Provided By The City
(d)
(e)
(f)
(g)
(h)
The City agrees to:
(a)
Attend all conferences designated as required to meet the tenus of the Agreement.
(b)
Perfonn the activities required under the Agreement in a timely manner to avoid
delay to the Contractor.
(c)
Become familiar with the plans, the Construction Contract Documents, and the
Contractor's proposed schedule of operations prior to beginning fieldwork.
Perfonn the field operations in accordance with accepted safety practices.
Furnish all equipment required to accomplish the work.
Provide for personnel such transportation, supplies, materials and incidentals as are
needed to accomplish the services required under the Agreement.
Prepare and submit overrun and underrun requests KDOT for approval prior to
initiation.
Prepare and submit, or assist in preparing, such periodic, intennediate and final
reports and records as may be required or as are applicable to the Project.
Services To Be Provided By The Secretary
The Secretary agrees to:
(a)
(b)
Designate an authorized representative with the duties and responsibilities set forth
in the General Responsibilities and Duties of the Agreement.
Provide such assistance and guidance to City as may be reasonably necessary to
perfonn and complete the Agreement in confonnance with Federal and State laws.
(c) Reserves the right to assign and charge to the Project such KDOT personnel as may be
needed.
13
Agreement No, t ¿'I-O)
Attachment No.3
KANSAS DEPARTMENT OF TRANSPORTATION
Special Attachment
To Contracts or Agreements Entered Into
By the Secretary of Transportation of the State of Kansas
NOTE: Whenever this Special Attachment conflicts with provisions of the Document
to which it is attached, this Special Attachment shall govern.
THE CIVIL RIGHTS ACT OF 1964, and any amendments thereto,
REHABILITATION ACT OF 1973, and any amendments thereto,
AMERICANS WITH DISABILITIES ACT OF 1990, and any amendments thereto,
AGE DISCRIMINATION ACT OF 1975, and any amendments thereto,
EXECUTIVE ORDER 12898, FEDERAL ACTIONS TO ADDRESS ENVIRONMENTAL JUSTICE IN
MINORITY POPULATIONS AND LOW INCOME POPULATIONS (1994), and any amendments
thereto,
49 c.F.R. Part 26.1 (DBE Program), and any amendments thereto
NOTIFICATION
The Secretary of Transportation for the State of Kansas, in accordance with the provisions
of Title VI and Title VII of the Civil Rights Act of 1964 (78 Stat. 252), §504 of the
Rehabilitation Act of 1973 (87 Stat. 3555) and the Americans with Disabilities Act of 1990
(42 USC 12101), the Age Discrimination Act of 1975 (42 USC 6101), the Regulations of the
U.S. Department of Transportation (49 c.F.R., Part 21, 23, and 27), issued pursuant to such
ACT, Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low Income Populations (1994), and the DBE Program (49 c.F.R., Part
26.1), hereby notifies all contracting parties that, the contracting parties will affirmatively
insure that this contract will be implemented without discrimination on the grounds of race,
religion, color, gender, age, disability, national origin, or minority populations and low
income populations as more specifically set out in the following nine "Nondiscrimination
Clauses".
CLARIFICATION
Where the term "consultant" appears in the following seven "Nondiscrimination Clauses",
the term "consultant" is understood to include all parties to contracts or agreements with
the Secretary of Transportation of the State of Kansas.
Nondiscrimination Clauses
During the performance of this contract, the consultant, or the consultant's assignees and
successors in interest (hereinafter referred to as the "Consultant"), agrees as follows:
(1)
Compliance with Regulations: The consultant will comply with the Regulations
of the U. S. Department of Transportation relative to nondiscrimination in
federally-assisted programs of the U.S. Department of Transportation (Title
49, Code of Federal Regulations, Parts 21, 23 and 27, hereinafter referred to
as the Regulations), which are herein incorporated by reference and made a
part of this contract.
14
(4)
(5)
(6)
Agreement No Il'J-()5
(2)
Nondiscrimination: The consultant, with regard to the work performed by the
consultant after award and prior to the completion of the contract work, will
not discriminate on the grounds of race, religion, color, gender, age,
disability, national origin or minority populations and low income populations
in the selection and retention of subcontractors, including procurements of
materials and leases of equipment. The consultant will not participate either
directly or indirectly in the discrimination prohibited by Section 21.5 of the
Regulations, including employment practices when the contract covers a
program set forth in Appendix B of the Regulations.
(3)
Solicitations for Subcontractors, Including Procurements of Material and
Equipment: In all solicitations, either competitive bidding or negotiation made
by the consultant for work to be performed under a subcontract including
procurements of materials or equipment, each potential subcontractor or
supplier shall be notified by the consultant of the consultant's obligation under
this contract and the Regulations relative to nondiscrimination on the grounds
of race, religion, color, gender, age, disability, national origin or minority
populations and low income populations.
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 the Transportation of the State of
Kansas will be permitted access to the consultant's books, records, accounts,
other sources of information, and facilities as may be determined by the
Secretary of Transportation of the State of Kansas to be pertinent to ascertain
compliance with such Regulations, orders and instructions. Where any
information required of a consultant is in the exclusive possession of another
who fails or refuses to furnish this information, the consultant shall so certify
to the Secretary of Transportation of the State of Kansas and shall set forth
what efforts it has made to obtain the information.
Employment: The consultant will not discriminate against any employee or
applicant for employment because of race, religion, color, gender, age,
disability, or national origin.
Sanctions for Noncompliance: In the event of the consultant's noncompliance
with the nondiscrimination provisions of this contract, the Secretary of
Transportation of the State of Kansas shall impose such contract sanctions as
the Secretary of Transportation of the State of Kansas may determine to be
appropriate, including, but not limited to,
(a)
withholding of payments to the consultant under the contract until the
contractor complies, and/or
(b)
cancellation, termination or suspension of the contract, in whole or in
part.
15
(8)
(9)
Agreemcm ¡";U t2'1..{J5
(7)
Disadvantaged Business Obligation
(a)
Disadvantaged Businesses as defined in the Regulations, shall have a
level playing field to compete fairly for contracts financed in whole or
in part with Federal funds under this contract.
(b)
All necessary and reasonable steps shall be taken accordance with the
Regulations to ensure that Disadvantaged Businesses have equal
opportunity to compete for and perform contracts. No person(s) shall
be discriminated against on the basis of race, color, gender, or
national origin in the award and performance of federally-assisted
contracts.
(c)
The contractor, sub recipient or subcontractor shall not discriminate on
the basis of race, color, national origin, or sex in the performance of
this contract. The contractor shall carry out applicable requirements of
49 CFR Part 26 in the award and administration of Federally-assisted
contracts. Failure by the contractor to carry out these requirements is
a material breach of this contract, which may result in the termination
of this contract or such other remedy, as the recipient deems
appropriate.
Executive Order 12898
(a)
To the extent permitted by existing law, and whenever practical and
appropriate, all necessary and reasonable steps shall be taken in
accordance with Executive Order 12898 to collect, maintain, and
analyze information on the race, color, national origin and income level
of persons affected by programs, policies and activities of the
Secretary of Transportation and use such information in complying
with this Order.
Incorporation of Provisions: The consultant will include the provisions of
paragraph (1) through (8) in every subcontract, including procurements of
materials and leases of equipment, unless exempt by the Regulations, order,
or instructions issued pursuant thereto. The consultant will take such action
with respect to any subcontract or procurement as the Secretary of
Transportation of the State of Kansas may direct as a means of enforcing
such provisions including sanctions for noncompliance: Provided, however,
that, in the event a consultant becomes involved in, or is threatened with,
litigation with a subcontractor or supplier as a result of such direction, the
consultant may request the State to enter into such litigation to protect the
interests of the State.
16
Agrccment ~lI LN-u:,
Attachment No.4
State of Kansas
Department of Administration
DA-146a (Rev. 1-01)
CONTRACTUAL PROVISIONS ATTACHMENT
Important:
1.
This form contains mandatory contract provisions and must be attached to or incorporated in all copies of any
contractual agreement If it is attached to the vendor/contractor's standard contract form, then that form must be
altered to contain the following provision:
"The Provisions found in Contractual Provisions Attachment (Form DA-146a, Rev. 1-01), which is attached hereto. are
hereby incorporated in this contract and made a part thereof."
The parties agree that the following provisions are hereby incorporated into the contract to which it is attached and
made a part thereof, said contract being the - day of . 20_,
Terms Herein Controllinq Provisions: It is expressly agreed that the terms of each and every provision in this attachment
shall prevail and control over the terms of any other conflicting provision in any other document relating to and a part of the
contract in which this attachment is incorporated.
2.
Aqreement With Kansas law: All contractual agreements shall be subject to, governed by, and construed according to the
laws of the State of Kansas.
3,
Termination Due To lack Of Fundinq Appropriation: If, in the judgment of the Director of Accounts and Reports,
Department of Administration, sufficient funds are not appropriated to continue the function performed in this agreement and
for the payment of the charges hereunder, State may terminate this agreement at the end of its current fiscal year State
agrees to give written notice of termination to contractor at least 30 days prior to the end of its current fiscal year, and shall give
such notice for a greater period prior to the end of such fiscal year as may be provided in this contract, except that such notice
shall not be required prior to 90 days before the end of such fiscal year Contractor shall have the right, at the end of such
fiscal year, to take possession of any equipment provided State under the contract State will pay to the contractor all regular
contractual payments incurred through the end of such fiscal year, plus contractual charges incidental to the return of any such
equipment Upon termination of the agreement by State, title to any such equipment shall revert to contractor at the end of
State's current fiscal year The termination of the contract pursuant to this paragraph shall not cause any penalty to be
charged to the agency or the contractor
Disclaimer Of liability: Neither the State of Kansas nor any agency thereof shall hold harmless or indemnify any contractor
beyond that liability incurred under the Kansas Tort Claims Act (K.S.A. 75-6101 g! ~).
4.
5.
Anti-Discrimination Clause: The contractor agrees: (a) to comply with the Kansas Act Against Discrimination (KSA 44-
1001 g! ~) and the Kansas Age Discrimination in Employment Act (K.SA 44-1111 g!~) and the applicable provisions of
the Americans With Disabilities Act (42 U.S.C. 12101 g! ~) (ADA) and to not discriminate against any person because of
race, religion, color, sex, disability, national origin or ancestry, or age in the admission or access to, or treatment or
employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase "equal
opportunity employer"; (c) to comply with the reporting requirements set out at KSA 44-1031 and K.SA 44-1116; (d) to
include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor;
(e) that a failure to comply with the reporting requirements of (c) above or if the contractor is found guilty of any violation of
such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract and the contract may
be cancelled, terminated or suspended, in whole or in part, by the contracting state agency or the Kansas Department of
Administration; (f) if it is determined that the contractor has violated applicable provisions of ADA, such violation shall constitute
a breach of contract and the contract may be cancelled, terminated or suspended, in whole or in part, by the contracting state
agency or the Kansas Department of Administration.
Parties to this contract understand that the provisions of this paragraph number 5 (with the exception of those provisions
relating to the ADA) are not applicable to a contractor who employs fewer than four employees during the term of such contract
or whose contracts with the contracting state agency cumulatively total $5,000 or less during the fiscal year of such agency.
6. Acceptance Of Contract: This contract shall not be considered accepted, approved or otherwise effective until the statutorily
required approvals and certifications have been given.
7.
Arbitration, Damaqes, Warranties: Notwithstanding any language to the contrary, no interpretation shall be allowed to find
the State or any agency thereof has agreed to binding arbitration, or the payment of damages or penalties upon the occurrence
of a contingency. Further, the State of Kansas shall not agree to pay attorney fees and late payment charges beyond those
available under the Kansas Prompt Payment Act (KSA 75-6403), and no provision will be given effect which attempts to
exclude, modify, disclaim or otherwise attempt to limit implied warranties of merchantability and fitness for a particular purpose.
Representative's Authority To Contract: By signing this contract, the representative of the contractor thereby represents
that such person is duly authorized by the contractor to execute this contract on behalf of the contractor and that the contractor
agrees to be bound by the provisions thereof.
8.
9
Responsibility For Taxes: The State of Kansas shall not be responsible for, nor indemnify a contractor for, any federal, state
or local taxes which may be imposed or levied upon the subject matter of this contract.
10. Insurance: The State of Kansas shall not be required to purchase. any insurance against loss or damage to any personal
property to which this contract relates, nor shall this contract require the State to establish a "self-insurance" fund to protect
against any such loss of damage. Subject to the provisions of the Kansas Tort Claims Act (KSA 75-6101 g! ~), the vendor
or lessor shall bear the risk of any loss or damage to any personal property in which vendor or lessor holds title.
17
AgrccrnC'nI 1\.0, 12'01-05
11. Infonnation: No provision of this contract shall be construed as limiting the Legislative Division of Post Audit from
having access to infonnation pursuant to K.S.A. 46-1101 ~~.
12. The Eleventh Amendment: "The Eleventh Amendment is an inherent and incumbent protection with the State of Kansas and
need not be reserved, but prudence requires the State to reiterate that nothing related to this contract shall be deemed a
waiver of the Eleventh Amendment"
18