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6.6 Bike Route Financial Aid C1 TY OF SALI NA REQUEST FOR COMMISSION ACTION DATE TIME 9/22/80 4:00 P.M. iORIGINATING DEPARTMENT: I APPROVED FOR I CITY MANAGER ~ AGENDA: /1 · I t~ Isy: BY: Rufus L. Nye AGENDA SECTION: NO. 6 CONSENT 1 ITEM NO. 6 As you recall, the City has received funds from the State Department of Transportation to construct bike routes in the City. The purpose of this Resolution is to authorize Mayor Geis to sign the agree- ment, which will allow this project to proceed. Attachment: Resolution #80-3504 I I I I I I ! MOTION BY TO: COMMISSION ACTION SECOND BY I" ! RESOLUTION NUMBER 80-3504 A RESOLUTION RELATING TO BENEFITS OBTAINABLE BY CITIES UNDER THE PROGRAM FOR FEDERAL AND STATE AID ON STREET CONSTRUCTION Be it Resolved by the Governing Body of the City of Salina That the Mayor and City Clerk are authorized and directed to execute for and on behalf of the City of Salina, Kansas, Agreement No. 72-80, a Unit Price Agreement for a Bikeway Grant Project between the City and the Kansas Department of Transportation, giving the Secretary of Transportation of the State of Kansas authority to act for the City, and in its place and stead, to obtain for the City such benefits as are obtainable under the program of the Federal and State Aid Plan of Highway Construction, and obtain the benefits of such segislation for the City on the terms and conditions set forth in such agreement as may be prepared and approved by the Secretary of Trans- portation for the Costs of Bikeway Route Signs, Bicycle Parking . Facilities, B keway Maps and a Bikeway Safety Coordinator known as Project No. 85 U 0691-01. Passed by the (CounciU(Commission) this day of ,19_ (Approved) (Signed) , Mayo r (S EAL) ATTEST: C i tv Clerk Agreement No. 72-80 BIKEWAY GRANT PROGRAM PROJECT NO. 85 u-0691-01 BIKEWAY SIGNS, BIKEWAY PARKING FACiliTIES BIKEWAY MAPS AND BIKEWAY SAFETY COORDINATOR ." CITY OF SALINA, KANSAS Unit Price Agreement for the Costs of Bikeway Route Signs, Bicycle Parking Facilities, Bikeway Maps and a Bikeway Safety Coordinator This agreement, made and entered into this day of 19 ,by and between the City of Salina, Kansas,~reinafter referred to-as the City and the Secretary of Transportation of the State of Kansas, hereinafter referred to as the Secretary. R E C I TAL S: 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 highway, road or street improvements, and WHEREAS, under the terms of the Federal-Aid Highway Act and the rules and regulations of the Federal Highway Administration, states and cities are, under certain circumstances, entitled to receive assistance in the financing of the construction and reconstruction of streets, highways 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 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 marking of proposed bikeway routes, hiring a part time bicycle safety coordinator, installing bicycle parking facilities and printing and distributing of bikeway route maps, and ~ -,. No. . 72-80 WHEREAS, the Secretary and the City desire to enter into an agreement covering marking of proposed bikeway routes, hiring a part time bicycle safety coordinator, installing bicycle parking facili- ties and printing and distributing of bikeway route maps. NOW, THEREFORE, in consideration of the premises and to secure the approval and construction of the said project, the parties hereto mutually agree as follows. 1. The City agrees to: a. Prepare abbreviated but adequate plans, specifications and estimates for the signing of the bicycle routes and the bicycle parking facilities, which plans, specifi- cations and estimates shall be subject to necessary reviews and approval by the Secretary. b. Install the above described bicycle route signs and bicycle parking facilities, make adequate provision for their maintenance and do all incidental and appurtenant work in accordance with the plans and specifications for the project. c. Provide adequate information, specifications and estimates 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 for a period of one year from October of 1980 to September of 1981. 2. The City will install the bikeway route signs and bicycle parking facilities at the agreed unit prices for various items of work contained 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 complete the work in accordance with the plans and specifications which are a part of this agreement. The City will keep adequate records of all necessary items involved in carrying out the work performed by the City under the terms of this agreement, and will give 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 (3) years after final acceptance and payment to the City. 3. The Secretary agrees to reimburse the City as follows: a. Seventy five (75) percent of the cost of labor, equip- ment and materials for the signing of the bicycle route to a maximum of three thousand, three hundred and seventy five ($3,375.00) dollars. - 2 - . No. 72-80 b. Seventy five (75) percent of the cost of the labor, equipment and materials for the installation of the bicycle parking facilities to a maximum of seven hundred and fifty ($750.00) dollars. c. Seventy five (75) percent of the cost of printing the Bicycle Route Map to a maximum of one thousand, one hundred and twenty five ($1,125.00) dollars. d. Seventy five (75) percent of the cost of the part time bicycle safety coordinator for one year to a maximum of four thousand, three hundred and eighty seven fifty ($4,387.50) dollars. e. Seventy five (75) percent of the cost of overhead, office supplies, film rental, etc., for the bicycle safety coordinator to a maximum of one thousand, three hundred and twelve fifty ($1,312.50) dollars. Providing, however, if any items are found to be non-partici- pating by the Federal Highway Administration, the total cost of those items will be paid by the City. 4. Partial payments shall be made to the City at intervals to be agreed upon between the Department of Transportation's District Engineer and the City. The City will make an approximate estimate in writing of the accumulated work performed during the preceding period and the value thereof at the unit prices in the agreement. When requested by the City, payments may be made for non- perishable materials obtained for use on the project which are not likely to be used sooner than sixty (60) days from the payment prepa- ration date. Receipted bills for all invoiced material payments, if allowed, must be submftted to the Department of Transportation's District Engineer within thirty (30) days after partial payment for these materials has been made. All payments will be based on federal-aid participation in the amount of seventy five (75) percent of the work completed. Five (5) percent of the federal funds due the City shall be retained until provisions of the contract have been fully satisfied. 5. The City will submit to the District Engineer, seven (7) copies of a final and complete billing of units of completed work after the completion and final inspection of the installation and the Secretary will reimburse the City pending the Federal Highway Adminis- tration's final acceptance of the project for seventy five (75) percent of the cost for installation of all construction in the approved plans. 6. It is mutually agreed by the City and the Secretary that the City will provide the necessary labor and supervision and that the Secretary or his representatives shall make periodic inspections and that representatives of the Federal Highway Administration may make such inspections of the project that they deem necessary or desirable. "- - 3 - · _.~,-~"",._,_... , No. 72-80 7. It is mutually agreed that any changes in plans during the progress of the work shall require approval in writing by the City and the Secretary and no change in plans or materials substitution will be permitted by the City without such approval. 8. The City agrees that when said project is completed and approved that it will at its own cost and expense, maintain, replace damaged signs, posts and bike racks and will make ample provision each year for such maintenance. Failure by the City to fulfill this re- sponsibility will disqualify said City from future federal-aid participation on projects for which the City would have maintenance respons i b i 1 i ty. 9. The location, for and character of informational, regulatory and warning signs or other markings installed or placed by public authority, or other agency, pursuant to this agreement, shall conform to all requirements of the Manual on Uniform Traffic Control Devices and 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. 10. 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. 11. The City agrees upon completion of the project, it will furnish four (4) copies of the following items to the District Engi- neer prior to the fonal inspection: a. The supplier's certifications that the materials supplied meet with the plan specifications. b. The City's certification that the project was built in reasonable conformance with the plan dimensions and specifications. c. The City's certification that the City will maintain the signing project and the bicycle parking facili- ties in conformance to the Manual on Uniform Traffic Contro 1 Dev ices. d. The City's certification to the number of months and the amount paid the part time safety coordinator. 12. The City also agrees upon completion of the project, it will notify the District Engineer that the project has been completed and request final inspection. The District Engineer, or his representa- tive, accompanied by a City representative shall inspect the project. If it is satisfactorily constructed and in conformance with the plan dimensions, the District Office shall issue a Notice of Acceptance. - 4 - .. No. 72-80 13. The City will save the Secretary and his or her authorized representatives harmless from any and all costs, liabilities, expenses, damages, suits, judgments and claims of any nature whatsoever arising out of or in connection with the provisions or performance of this contract, or subcontracts entered into in connection therewi th, or the maintenance of the hereindescribed improvement, or the acts of the Secretary, or his or her authorized representatives, agents or employees when acting under the provisions of this contract or subcontracts thereto. $ 14. 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. 15. 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 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 C I TV CLERK MAY 0 R (SEAL) John B. Kemp Secretary of Transportation of the State of Kansas - 5 - '.. "" ~ I I U I ,,)/"\1.. ~ I~/"\, ,"'l~')/"\') B I CYCLE RAe KS / ESTH1ATE OF COST We propose to use Rally Racks - Model RR-100 or an equivalent device by another manufacturer. 28 SPACES INSTALLATION @ $30.00 $ 840.00 160.00 TOTAL: $1,000.00 BICYCLE SYSTEM MAPS ESTIMATE OF COST ,/ The system maps proposed wi 11 be approximately 14" X24" and wi 11 be pri nted with a two-color map on one side and one-color printed material with diagrams, etc. on the reverse side. 5,000 MAPS @ $ 0.30 TOTAL: $1,500.00 $1,500.00 BICYCLE SAFETY COORDINATOR ESTIMATE OF COST ) The bicycle safety coordinator will be hired for a period of one year to work an average of 26 hours per week. The coordinator would be responsible for implementing a citywide safety program and overseeing the other segments of the bicycle program. ITEI1 UHIT TOTAL $ 487.50 per month $5,850.00 $ 145.83 per month $1.750.00 Sa I a ry Overhead, etc. TOTAL: $7,000.00 -- - .--.-.- - ..--.----.-+'...---- --~-_.- ......-...- ...._. _.-.... , CITY OF SA.LINA, KANSAS /' BICYCLE ROUTE SIGNS ?Hj~SE II - I II ESTH1ATE OF COST SIGN SIGN UNIT DESCRIPTION SIZE QUANTITY COST COST 011-1 24"X18" 147 $10. 19 $1,497.93 R3-11 24"X30" 6 16.90 1 0 1 . 40 R3- 1 J AHE.~D 24"X30" 3 16.90 50.70 R3-10 END 24"X30" 2 16.90 33.80 ~17 - 1 - 121X9" 58 3,15 182.70 t 12"X9" 16 3.15 50.40 - 121X9" 33 3.15 103.95 L 121X9" 24 3.15 75.60 ..J 12"X9" 17 3..15 53.55 t.i4- 11 121X4" 5 3. 15 15.75 ~14- 1 2 12" X4" 10 3. 15 31 . SO Sign Post, 12', 3# Steel 158 12.40 1 ,959 .20 COST OF SIGN & POST: $4,1 56.48 COST OF INSTALLATION: 343.52 / TOTAL: $4,500.00 .. ',. ;. " Speeial Attachment No.1 Sheet I ot 3 KANSAS DEPARTMENT OF TRANSPORTATION Special Attachment To Contracts or Agreements Entered Into By the Secretary of Transportation or the State of Kansas NOTE: Whenever this Special Attachment conflicts with provlSIons of the Document to which it is attached, this Special Attachment shall govern. THE CIVIL RIGHTS ACT OF 1964 NOTIFICATION The Secretary of Transportation tor the State ot Kansas, in accordance with the provisions of Title VI and Title VII of the Civil Rights Act of 1964 (78 Stat. 252) and the Regulations of the U.S. Department of Transportation (49 C.F.R., Part 21), issued pursuant to such Act, hereby notifies all contracting parties that he or she will affirmatively insure that this contract will be implemented without discrimination on the grounds of race, religion, sex, age, color, or national origin, as more specifically set out in the following seven 'Nondiscrimination Clauses'. CLARIFICATION Where the term 'consultant' appears in the following seven 'Nondiscrimina- tion Clauses', the term 'consultant' is understood to include all parties to contracts or agreements with the Secretary of Transportation of the State of Kansas. . . . ~ . .. . . , Special Attachment No. I Sheet 2 of 3 ) Nondiscrimination Clauses During the performance ot this contract, the consultant, Cor itself, its assignees and successors in intereSt (hereinafter referred to as the 'consultant'), agrees as Collows: . (I) Compliance with Regulations: The consultant will comply with the Regulations or the U.S. Department or Transportation relative to nondiscrimination in federally-assisted programs of the U.S. Department ot Transportation (Title 49~ Code of Federal Regulations, Part 21, hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The consultant, with regard to the work performed by it after award and prior to the completion of the contract work, will not discriminate on the grounds of race, religion, sex, age, color, or national origin 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 Materials and Equipment: In all solicitations either competitive bidding or negotiation made by the consultant for work to be performed under a subcontract, including procurements of materials or equipment, each potential subcontractor o~ supplier shall be notified by the consultant of the consultant's obligation under this contract and the Regulations relative to nondiscrimi- nation on the grounds of race, religion, sex, age, color or national origin. (4) Information and Reports: The consultant will provide all information and reports required by the Regulations, or ord,ers and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its 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 instruc- tions. Where any information required ot a consultant is in the exclusive possession or another who tails 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. (S) Employment: The consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. '. . -. ~ Special Attachment No.1 Sheet 3 of 3 ~ (6) 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 cOhtract'sanctions as he may determine to be appropriate, including, but limited to, (a) withholding of payments to the consultant under the contract until the contractor complies, and/or (b) cancellation, tcnnination or suspension of the contract, in whole or in part. (7) Incorporation of Provisions: The consultant will include the provisions of paragraph (l) through (7) 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.