trafic signals 9th&cloudCITY OF SALINA
PECUEST FOR COMMISSION ACTION DATE TIME
7/2/90 4:00 c M
AGENDA SECTION: Administration ORIGINATING DEPARTMENT: APPROVED FOR
NO. 8 AGENDA:
Engineering
IicM Ji
N0. 4 BY: Shawn O'Leary BY: jts-" a
Item
Concurrence with the Kansas Department of Transportation in awarding a contract
to B & W Electrical Contractors, Inc. of Salina for traffic signal improvements
at the intersection of Ninth and Cloud Streets.
Background
The City Commission passed Resolution No. 90-4175 on March 12, 1990 which
authorized an agreement between the City of Salina and the Kansas Department of
Transportation for traffic signal improvements at the intersection of Ninth and
Cloud Streets. That agreement essentially allows KDOT to act for the City in
obtaining benefits on the Federal Aid Urban Highway System. In exchange, the
City agrees to pay for 10% of the improvements.
This project will include upgrading of the traffic signal system with new
poles, mast arms and signal heads in preparation of the proposed intersection
improvements scheduled for 1991. At that time, the pavement will be modified
to provide for separate left turn lanes and signals on Ninth and Cloud Streets.
Bids were received for the signal improvements by the KDOT on Thursday, June
21, 1990. One valid bid was received from B & W Electrical Contractors, Inc.
of Salina in the amount of $42,400. The KDOT has recommended approval of the
bid and awarding of the contract to B & W. The City's share of this contract
is $4,240. In addition, the City Engineering Department will provide
inspection services for the project at an estimated expense of $3,940, of which
the KDOT will reimburse the City for 90% or $3,550.
Recommended Action
It is recommended that the City Commission concur with the Kansas Department of
Transportation in awarding a contract to B & W Electrical Contractors, Inc. for
traffic signal improvements at Ninth & Cloud Streets in the amount of $42,400.
The Mayor and City Clerk shall be authorized to sign a resolution to this
effect.
MOTION BY
TO:
COMMISSION ACTION
SECOND BY
RESOLUTION NUMBER 90-4205
FEDERAL AID
HAZARD ELIMINATION SAFETY
AUTHORITY TO AWARD CONTRACT
COMMITMENT OF CITY FUNDS
Project No. 85 U-1298-01
HES OOOS(181)
City of Salina, Saline County, Kansas
WHEREAS, bids were received at Topeka, Kansas, on June 21, 1990,
for the performance of work covered by plans on the above numbered project,
and
WHEREAS, the bidder and the low bid or bids on work covered by this
project:
Contractor Division of Work Amount
B and W Electrical Traffic Signal Installation $42,400,00
Contractor, Inc.
West North Street Road
R.R. #2
Salina, Kansas 57401
WHEREAS, bids are considered satisfactory and have been
recommended by the Secretary of Transportation of the State of Kansas, for
consideration and acceptance by the City, SO NOW, THEREFORE
BE IT RESOLVED by the Governing Body of the City of Salina,
Kansas:
Section 1. That after due consideration by the City Commission, this
bid or these bids are acceptable and said Secretary of Transportation is hereby
authorized to award and execute the necessary contracts for completion of the
work on this project as covered by such bid or bids.
Construction Engineering LPA $ 0.00
Total Cost $42,400.00
10$ of Total $ 4,240.00
BE IT FURTHER RESOLVED that City funds in the amounts of
$4,240.00 for the matching of federal funds and $0.00 for non -participating
items, for a total of $4,190.00 are required to complete this work, and are
hereby pledged by the City to be remitted to the Controller of the Kansas
Department of Transportation on or before August 1, 1990, for use by the
Secretary of Transportation of the State of Kansas, in making payments for
construction work and engineering on the above designated project.
Adopted by the Board of Commissioners and signed by the Mayor this
2nd day of July, 1990.
Robert E. Frank, Mayor
[SEAL]
ATTEST:
Jacqueline Shiever, City Clerk
AGENDA SECTION:
NO. g
12M
4
CITY OF SALINA
REQUEST FOR COMMISSION ACTION PATE TIME
6/117W 4-0 p M
Administration
GINATING DEPARTMENT:
Engineering
: Don Hoff
FYI
ED FOR
The attached agreement covers the scope of construction engineering work
involved in upgrading the traffic signal system at Ninth Street and Cloud
Street. K.D.O.T. will authorize the City of Salina to perform certain
construction engineering work relating to this project such as inspection;
project management; etc. The agreement also includes provisions for payments
by K.D.O.T. to the City of Salina for costs incurred during the performance of
this agreement.
K.D.O.T. has tentatively scheduled this construction work to commence in
August, 1990. It is anticipated the total project cost will be approximately
$50,000, with 90% Federal funding and 10% City funding.
MOTION BY
TO:
CCMMISSION ACTION
SECOND BY
City of Salina
P.O. Box 736
Salina, Kansas 67402-0736
029175
4/03/91 RECEIPT NO. 29175
DESCRIPTION AMOUNT
2,238.60
KDOT #85U-1298-01 9TH&CLOUD
------------
CHECK NUMBER 0004576592 TOTAL 2,238.60
TENDERED 2,238.60
CHANGE .00
RECEIVED FROM: STATE OF KANSAS RECEIVED BY: CC
ORIGINAL RECEIPT
Y
STATE OF A.a.vSAS
De..oeco fAW,..o.On
Division of Accounn and Repons
DA -Cb DOT r I Rev. ]Ael
Document Date: 0320!
ND/SIX 48 0172:
PAYMENT VOUCHER
Vendor Information
Effective Date:
Street JUm'.16 IMIi1•
g.
State Kansas zip 67402- . i
wamn[ No.
I
AgccyNO.
276
Due Date:
Paying Agency Name & Address
Kansas Department of Transportation
Randy West, P.E.
Area Engineer
P.O. Box 147
Ellsworth, Kansas 67439-0147
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$2,238.60
Invoice No. I De.pti. y 42 (05 y I Agency Use
Ref Doc. ISfx IM IFuM IaFY I Index I PG (SubObi I De[ I Amount
102 I 1 I I
Invoice No. Ikscripti. Agency Usc
Ref. Dec. ISfx IM IFund aFY Ilndex I PG ISub-Obi I De[ I Amaunl
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Invoice No. Desc[iption Agency Use
]rx aet. Yoe. stx M FUM atY IMex PCA 5
utr061 4t Anmm�[
04
Nvoee No. Daaipti. Agency Use DocomencTmat . '--
.. $2,238.60;
Date and
Invoice No.
Quantity
Unit
Description
Unit Price
Amount
KDOT Pa
ment No.
1 - Fin
1 Total Compensation not to Exceed $3,937.02
KDOT Pr
j. No.
5U-129841
Previously Earned 0.00
HE
OOOS(18)
Federal Share Requested(9.0%) 0.00
Previous Payment (95%) 0.00
County
Saline
Total Claimed to Date 2,618.24
Eng. Agi.
Date
6-29-90
Federal Share Requested (90%) 2,356.42
Less: 5% Audit Retainage 117.82
Sub -Total 2,238.60
Less: Previous Payments 0.00
Amount Due Vendor 2,238.60
$2,238.60
Refer to attached Detailed Itemized
Statement of amount being cl m
Document
Total
$ 2, 948 fin
Audited:
Coded:
Approved:-. r Approved:
and H. Wes P.E.
Approved:
D. Me Testa, P.E.
Drum, In rhe, a anmae Chief/Din.En .
su¢ Tr•nsp uoo C.00ner
I do hereby certify that the above bill is just, correct, and remains due and unpaid, and that I do hereby certify that the within was contracted for the State, under
the amount claimed therein is actually due according to the law. authority of law, and that the amount therein claimed is come[ according to
such contract and is unpaid.
Cit of Salina
{Claimant sign hart,
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:t�Yi•�A:I
AN EQUAL OPPORTUNITY
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chment to DOT 424 Form
Force Account Claim
Detailed Itemized Statement of Amount being Claimed by LPA (City of Salina)
Date: March 20, 1991
Project No.: 85U-1298-01/HES OOOS 181
For Services rom: 10-25-90 through
Billing Statement No.: 1 Final
Labor:
Name Title Class Hours Rate Amount
B. Hummel Sr. Eng. Reg. 144 @ $13.77 = $1,982.88
Technician
Salary Totals: _ $1,982.88
Fringe Benefits:
B. Hummel 24.2% x 1982.88 = $ 479.86
Fringe Totals: _ $ 479.86
Direct Expense:
Van (Unit #210): 500 miles @ $0.141 = $ 70.50
Survey Supplies, etc.: = 85.00
Total Cost Being Claimed = $2,618.24
Federal Share Requested (90%) = 2,356.42
Less 5% Retainage: = 117.82
Total this Voucher: _ $2,238.60
rrY'
— Sai.n
RESOLUTION NUMBER 90-4205
FEDERAL AID
HAZARD ELIMINATION SAFETY
AUTHORITY TO AWARD CONTRACT
COMMITMENT OF CITY FUNDS
i' Project No. 85 U-1298-01
HES OOOS(181)
City of Salina, Saline County, Kansas
WHEREAS, bids were received at Topeka, Kansas, on June 21, 1990,
for the performance of work covered by plans on the above numbered project,
i and
WHEREAS, the bidder and the low bid or bids on work covered by this
project:
i
Contractor
B and W Electrical
Contractor, Inc.
West North Street Road
R.R. #2
Salina, Kansas 57401
Division of Work
Amount
Traffic Signal Installation $42,400.00
WHEREAS, bids are considered satisfactory and have been
recommended by the Secretary of Transportation of the State of Kansas, for
consideration and acceptance by the City, SO NOW, THEREFORE
BE IT RESOLVED by the Governing Body of the City of Salina,
Kansas:
Section 1. That after due consideration by the City Commission, this
bid or these bids are acceptable and said Secretary of Transportation is hereby
authorized to award and execute the necessary contracts for completion of the
work on this project as covered by such bid or bids.
Construction Engineering LPA $ 0.00
Total Cost $42,400.00
10$ of Total $ 4,240.00
BE IT FURTHER RESOLVED that City funds in the amounts of
$4,240.00 for the matching of federal funds and $0.00 for non -participating
items, for a total of $4,190.00 are required to complete this work, and are
hereby pledged by the City to be remitted to the Controller of the Kansas
Department of Transportation on or before August 1, 1990, for use by the
Secretary of Transportation of the State of Kansas, in making payments for
construction work and engineering on the above designated project.
Adopted by the Board
2nd day of July, 1990.
[SEAL]
ATTEST:
S�; W CA.
Jacquline Shiever, City Clerk
of Commission and signed by the Mayor this
/
Robert E. Frank, Mayo
STATE OF KANSAS )
) SS
COUNTY OF SALINE )
i, Jacqueline Shiever, City Clerk of the City of Salina, Kansas, do
hereby certify that Resolution Number 90-4205 was adopted by the Board of
Commissioners at its regular meeting on July 2, 1990, and that the above and
foregoing is a true and correct copy of the original on file in my office.
[SEAL]
WITNESS my hand and official seal this 10th day of July, 1990.
Jacqueline Shiever, City Clerk
STATE OF KANSAS
JUN P- 5 1990
KANSAS DEPARTMENT OF TRANSPORTATION
Docking State Office Building
Topeka 66612-1568
(913)296-3566
Horace B. Edwards
Secretary-ifjrpnsporjiion d
City of Salina
Saline County
Donald E. Hoff, P.E.
City Engineer
City of Salina
P.O. Box 736
Salina, KS 67402
Dear Mr. Hoff:
June 22, 1990
RE:
85 U-1298-01
HES OOOS(181)
Mike Hayden
Governor of Kansas
The Kansas Department of Transportation received bids for
the above noted project on June 21, 1990.
We are transmitting herewith an authority form requesting
concurrence in the low bid so that the Secretary of
Transportation may award the contract for this project.
Please return the fully executed "Authority to Award
Contract and Commitment of City Funds" form to the Bureau of
Traffic Engineering at your first opportunity after your City
Commission/Council has approved these actions. In order to
guarantee the low bid, this form must be returned by July 20,
1990.
Yours truly,
Warren L. Sick, P.E.
Chief of Traffic Engineering
Nelda A. Johnston
Assistant Traffic Engineer
Transmittal
cc: Mr. William A. Legge, District Two Engineer
+ — June 22, 1990
Date
FEDERAL AID
HAZARD ELIMINATION SAFETY
AUTHORITY TO AWARD CONTRACT
COMMITMENT OF CITY FUNDS
Project No. 85 U-1298-01
ES OOOS(181)
City of Salina
Saline County
WHEREAS, Bids were received at Topeka , Kansas, on June 21 , 190,
for the performance of work covered by plans on the above numbered
project, and
WHEREAS, the bidder and the low bid or bids on work covered
by this project:
Contractor Division of Work Amount
B & W Electrical Contractors
W. North St. Road
R. R. 2
Saline, Kansas 67401
Traffic Signal $42,400
Installation
WHEREAS, bids are considered satisfactory and have been recommended
by the Secretary of Transportation of the State of Kansas, for consideration
and acceptance by the City now, therefore,
BE IT RESOLVED, that after due consideration by the City Commission/
Council this bid or these bids are acceptable and said Secretary
of Transportation is hereby authorized to award and execute the necessary
contracts for completion of the work on this project as covered by
such bid or bids.
Construction Engineering LPA $ -0-
Total Cost $ 42,400
108 of Total $ 4,240
BE IT FURTHER RESOLVED, that City funds in the amount of $ 4,240
which are required for the matching of federal funds to complete
this work are hereby pledged by the City to be remitted to the Controller
of the Kansas Department of Transportation on or before August 1 , 199Q,
for use by the Secretary of Transportation of the State of Kansas,
in making payments for construction work and engineering on the above
designated project.
Adopted this day of 19 at Kansas
ATTEST:
(Seal)
City Clerk Mayor
I
CITY OF SALINA
REQUEST FOR COMMISSION ACTION DATE TIME
6/117x- 4M—p.M
AGENDA SECTION: Administration ORIGINATING DEPARTMENT: APP V�ED FOR
N0. 8 A�"
Engineering
I1EM
4 BY: Don Hoff BY.
The attached agreement covers the scope of construction engineering work
involved in upgrading the traffic signal system at Ninth Street and Cloud
Street. K.D.O.T. will authorize the City of Salina to perform certain
construction engineering work relating to this project such as inspection;
project management; etc. The agreement also includes provisions for payments
by K.D.O.T. to the City of Salina for costs incurred during the performance of
this agreement.
K.D.O.T. has tentatively scheduled this construction work to commence in
August, 1990. It is anticipated the total project cost will be approximately
$50,000, with 90% Federal funding and 10% City funding.
MOTION BY
TO:
COMMISSION ACTION
SECOND BY
RESOLUTION NUMBER 90-4196
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE
CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF SALINA,
AND THE SECRETARY OF TRANSPORTATION OF THE STATE OF KANSAS,
AUTHORIZING THE LOCAL PUBLIC AUTHORITY TO PERFORM CERTAIN
CONSTRUCTION ENGINEERING WORK FOR TRAFFIC SIGNALS AT THE
INTERSECTION OF NINTH AND CLOUD STREETS IN THE CITY, FOR PROJECT
85 U-1298-01.
BE IT RESOLVED by the Governing Body of the City of Salina,
Kansas:
Section 1. That the Mayor and City Clerk are authorized and directed
to execute for and on behalf of the City of Salina, Kansas, an agreement
between the City of Salina and the Secretary of Transportation of the State of
Kansas, authorizing the local public authority to perform certain construction
engineering work for Project No. 8S U-1298-01, for traffic signals at the
intersection of Ninth and Cloud Streets In the City.
Section 2. That this Resolution shall be in full force and effect from
and after Its adoption.
Adopted by the Board of Commissioners and signed by the Mayor this
11th day of June, 1990.
Robert E. Frank, Mayor
[SEAL]
ATTEST:
Jacqueline Sbiever, City Clerk
Circ "s
O.Q/C,/Nf/L
CONTRACT FOR
FEDERA1rAID ROAD CONSTRUCTION
ENGINEERING BY CITY/COUNTY
(FORCE ACCOUNT AGREEMENT)
PROJECT NO. 85 U-1298-01
CITY OF SALINA
SALINE COUNTY
THIS AGREEMENT entered into this day of 19 by and
between the City of Salina, hereinafter referrecTto as the "LPA! Local Public Authority), as
principal, and the Secretary of Transportation of the State of & as, hereinafter referred
to as the "Secretary", as agent for LPA pursuant to authority vested in the parties hereto by
virtue of KS.A. 68-402b and KS.A. 68401 et seq. and an agreement between parties dated
March 19,1990.
WITNESSETH:
WHEREAS, the Secretary of Transportation of the State of Kansas pursuant to
federal and state law authorizes said LPA to perform certain construction engineering work
on the above noted "Project" consisting of 0.00 miles of Traffic Signals @ Intersection of
Ninth & Cloud in Salina and,
WHEREAS, in the execution of this Agreement, the LPA certifies that it has now
available sufficient equipment of suitable type and the necessary employees adequately
trained to perform the work required under this Agreement in an economical and
workmanlike manner, and the LPA further certifies that the use of the forces and
eqquippment required for the performance of this work will not interfere with other work
which is necessary to be performed by such forces and equipment on other roads in the
LPA, and
WHEREAS, the approved plans and specifications for said Project are available at the
KDOT Headquarters in Topeka, and
WHEREAS, the LPA and the Secretary desire to set forth in this instrument their
understanding and agreements relating to the construction engineering and allocation of
costs of the said Project.
NOW, THEREFORE, in consideration of the covenants of the parties and to give this
agreement full force and effect in providing the benefits hereinbefore mentioned, the
parties hereto mutually agree as follows:
I. SCOPE OF SERVICES
A. DEFINITIONS
(1) The term "KDOT" shall mean the Kansas Department of
Transportation and its authorized representatives.
(2) The term "LPA" shall mean the City/County and its authorized
employees.
-1-
(3) The term "FHWA" shall mean the Federal Highway
Administration and its authorized representatives.
(4) The term "Contractor" shall mean the individual, partnership,
joint venturers, corporation, or agency undertaking the
performance of the work designated under the terms of the
construction contract.
(5) The term "Specifications" shall mean the current Standard
Specifications for Road and Bridge Construction of the Kansas
Department of Transportation, as incorporated in the
construction contract specifications and supplementals thereto.
(6) The term "Construction Contract Proposal" shall mean the offer
of the bidder or contractor, on the Project, on the prescribed
form, to perform the work and to furnish the labor and materials
at the pries quoted.
(7) The term "Special Provisions" shall mean the directions or
requirements peculiar to a Project and not otherwise thoroughly
or satisfactorily included in the Specifications, and which are
contained in the Construction Contract Proposal.
(8) The term "Plans" shall mean the approved plan, profiles, typical
cross sections, working drawings and supplemental drawings, or
exact reproductions thereof, which show the location, character,
dimensions, and details of the work to be done.
(9) The term "Contract Documents" shall mean the Specifications,
Construction Contract Proposal, Special Provisions and Plans, as
defined above.
(10) The term "Manual" shall mean the Construction Manual, the
Forms and Documentation Manual data and information
produced by the KDOT for the instruction of its employees and
furnished in bound or collected form.
(11) The term "Field Engineer" shall for the administrative control of
this Agreement be considered to mean Metro Engineer, Field
Engineering Administrator and/or Area Engineer.
B. GENERAL RESPONSIBILITIES AND DUTIES
(1) The LPA shall perform engineering services necessary and
incidental to the accomplishment of the Project to the
satisfaction of KDOT, and as more detailed in Special
Attachment - Specific Construction Provisions.
(2) The LPA shall furnish services, labor, materials, equipment,
supplies and incidentals, other than those hereinafter designated
to pe furnished by the KDOT, necessary to conduct and
complete the work.
-2-
(3) The work under this Agreement shall at all times be sub'ect to
the review and approval of the KDOT and shall be u2er the
direction and control of its authorized representative.
(4) The LPA's principal contact with the KDOT shall be with the
construction field office.
(5) The work under this Agreement shall comply with all applicable
federal and state laws and regulations.
(6) The LPA shall comply with OMB Circular No. A-128.
(7) The FHWA shall have the right to participate in all conferences
and reviews.
(8) Compliance with all of the foregoing shall be considered to be
within the purview of this Agreement and shall not constitute a
basis for additional or extra compensation.
C. CONTROL AND AUTHORITY
(1) The authorized representative of the KDOT will be designated
by the District's Construction Engineer and will be titled the
"Field Engineer".
(2) The Field Engineer will delegate to a construction office the
overseeing of the Project where a Construction Engineer/
Construction Coordinator will be assigned to monitor and
coordinate all Project related activity to assure compliance with
applicable Federal and State requirements of all work
performed under this Agreement and all construction activities
performed under the Contract Documents.
(3) The LPA will designate a Project Engineer/Project Manager and
other inspection personnel that are certified by the KDOT in the
appropriate classification to inspect all work performed and
materials furnished. The LPA may designate a Chief Inspector
who will perform the duties and have the responsibilities of the
Project Engineer/Project Manager. The Project Engineer/
Project Manager is not authorized to alter or waive the
provisions of these specifications or the Construction Contract
Proposal. The Project Engineer/Project Manager is not
authorized to issue instructions contrary to the Plans and
Specifications, or to act as foreman for the Contractor, however,
he shall have the authority to reject work or materials until any
questions at issue can be referred to and decided by the Field
Engineer.
The use of non -certified inspector(s) for this project will be
limited to specific work after demonstrating satisfactory
performance and obtaining written approval by the Field
Engineer.
-3-
II. PROSECUTION AND PROGRESS
A. GENERAL
(1) Written authority to proceed with the work on any construction
Project under this Agreement will be given by the KDOT to the
LPA. The KDOT will not be responsible for any work
performed by the LPA prior to such authorization or liable for
payment therefore.
(2) Work under this Agreement will commence with attendance at a
formal Construction Conference by the LPA and the KDOT,
unless otherwise stated elsewhere in the Agreement or at the
direction of the Construction Engineer/Construction
Coordinator during an informal Construction Conference.
Attendees at a formal Construction Conference shall include
representative of KDOT's Area Engineer and the Construction
Office (Construction Engineer/Construction Coordinator) and
LPA's project Engineer/Project Manager and such other
representatives as may be designated by each party to the
Agreement. The KDOT will notify the LPA of the location, date
and time and will make necessary arrangements for the
conference. Topics for discussion shall include scope of the
Contractor's construction operations and anticipated schedule,
review of necessary staffing by the LPA, lines of communication
and authority, equipment needs, standard practices of the
KDOT, and related subjects.
(3) The LPA shall attend the formal Construction Conference held
between the KDOT, the Contractor and involved utilities and
agencies, unless otherwise stated elsewhere in the Agreement.
(4) The LPA shall have KDOT Certified Project Inspector(s) of the
appropriate classification on the project or plant site at all times
when work which requires inspection is being performed. The
inability of the LPA to provide appropriately certified inspectors
for a project may, at the Secretary's discretion, give cause for
termination of this Agreement.
(5) The Agreement shall be considered completed upon final
payment, and notice of written release from KDOT therefor
unless previously terminated as provided in Section IIC.
(6) Should the KDOT deem it necessary for the LPA to render
additional services for review of contract items, conditions,
claims or litigation matters after completion of the Agreement,
the LPA agrees to cooperate and render such requested services.
Such services shall be paid for in the amount and manner
mutually agreed upon by the KDOT and the LPA.
(7) A Close -Out Conference may be held upon completion of this
Agreement to evaluate the performance of the LPA. Attendees
shall include the Field Engineer, representatives of the
construction- office (including Construction Engineer/
-5-
(2) All the applicable terms of this Agreement remain in force and
are a condition to any work approved to be sublet or assiggnned
Specific reference is made to Nondiscrimination and Equai
Employment Opportunity, as applicable to the subcontract.
III. BASIS OF PAYMENT
A. GENERAL
(1) For the completed and approved (by KDOT District) work or
services rendered under this Agreement, the LPA will be paid
the supported actual costs by the KDOT the total of which shall
not exceed the Agreement Estimate as set forth in the Special
Construction Provisions (Special Attachment). Extra Work if
any, shall be compensated as set forth in an approved
supplement to this Agreement coven such work. Extra work
will be paid for separately and in addition to the Agreement
Estimate. Such payment shall be full compensation for work
performed or services rendered and for all labor, material,
supplies, equipment and incidentals necessary to complete the
work.
(2) Should the Agreement contain more than one construction
Project, any and all invoices and the final statement shall itemize
charges by individual Project.
(3) The LPA may submit invoices to the KDOT, not more often
than once per month during the progress of the work, for partial
payment on account for the approved work completed to date by
the LPA. The Secretary's Bureau of Fiscal Services will review
the voucher and issue a warrant to the LPA for ninety-five (95)
percent of approved or eligible actual costs vouchered the
Secretary (not to exceed ninety-five (95) percent of the
maximum of the Federal -aid share of the Agreement estimate).
The final claim should be transmitted to the Bureau of Fiscal
Services through normal channels and include a statement that
all conditions have been met for final payment.
(4) When this claim, submitted on the payment voucher, has been
audited and upon receipt of the survey notes, records, reports,
final estimates, record drawings, Manuals, Contract Documents,
guides, and other documents required to be returned or to be
furnished under this Agreement, the Secretary will issue the
LPA a warrant for that rtion of the eligible additional five (5)
percent of the voucher rp to the maximum of the federal share
of the Agreement estimate and as allowed by provisions of State
Law).
-7-
(2) Claims by the LPA for compensation for work resulting from
such revisions shall be submitted and processed in accordance
with Section IV of this Agreement.
C. OWNERSHIP OF DOCUMENTS
(1) Upon completion or termination of this Agreement all plans,
Manuals, Contract Documents, guides, written instructions,
unused forms and recordkeeping books, and other written data
and information furnished to the LPA by the KDOT for the
performance of the Agreement, and all survey notes, diaries,
reports, records and other information and data collected or
prepared by the LPA in the performance of this Agreement shall
be properly arranged and delivered to the ICD T, and shall
become the property of the KDOT.
(2) Documents collected or prepared by the LPA in the
performance of this contract may be used without restriction by
the KDOT for any public purpose. Any such use shall be
without compensation to the LPA.
D. CONTINGENT FEES
(1) The LPA warrants that they have not employed or retained any
company or person, other than a bonafide employee working
solely for the LPA to secure this Agreement, and that they have
not paid or agreed to pay any company or person, any fee,
commission, percentage, brokerage fee, gift, or any other
consideration, contingent upon or resulting from the award or
making of this Agreement.
For breach or violation of this warranty the KDOT shall have the
right to annul this Agreement without liability.
E. AGREEMENT ITEMS
(1) It is also understood and agreed that the Project plans,
Specifications, Special Provisions, and Construction Contract
Proposal (as available), and the Agreement Estimate and other
Special Attachments (Index provides List of Special
Attachments) are all essential documents of this Agreement and
are hereby incorporated by reference into this Agreement and
are a part thereof.
F. ACCESS TO RECORDS
(1) The LPA and subcontractors if any, agree to maintain for
inspection by the KDOT and the FHWA all books, documents,
papers, accounting records and other evidence pertaining to all
costs incurred under this Agreement and to make such materials
available at their respective offices at all reasonable times during
the life of the Agreement and for three (3) years from the date
of the final federal payment to KDOT under the Agreement,
and to furnish copies thereof if requested.
kik
K. HOLD HARMLESS CLAUSE
(1) The LPA hereby expressly agrees to save the Secretary and the
Secretary's authorized representatives harmless from any and all
costs, liabilities, expenses, suits,udgments and damages to
persons or property caused by the LPA, it's agents, employees or
subcontractors which may result from acts, errors, mistakes or
omissions from the LPA's operation in connection with the
services to be performed hereunder.
L. THIRD PARTY BENEFICIARY
(1) 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 or provisions
of this agreement.
IN WITNESS WHEREOF: The parties hereto have caused this Agreement to be
signed by their duly authorized officers. It is further understood that this Agreement and
a!1 other Agreements entered into under the provisions of this Agreement shall be binding
upon the parties to this agreement and their successors in office.
RECOMMENDED FOR APPROVAL:
City/County Engineer
ATTEST:
City/County Clerk
APPROPRIATE LOCAL OFFICIAL:
ayor auman of Board
of County Commissioners
Member
Member
HORACE B. EDWARDS
Secretary of Transportation
By:
-11-
t�&
By
INDEX OF ATTACHMENTS
1.
Special
Attachment
No.
1
- Specific Construction Provisions
2.
Special
Attachment
No.
2
- Civil Rights Act of 1964 and
Rehabilitation Act of 1973
3.
Special
Attachment
No.
3
- Listing of KDOT Certified
Inspectors
4.
Special
Attachment
No.
4
- Estimate of Engineering Fee
Sheet 1 of 6
SPECIALATTACHMENT NO.1
SPECIFIC CONSTRUCTION PROVISIONS
I. SCOPE OF SERVICES
A. SERVICES TO BE PERFORMED BY THE LPA
The LPA agrees to:
(1)
Attend all conferences designated by the KDOT, or required under the
terms of the Agreement.
(2)
Designate a Project Engineer/Project Manager who shall meet KDOT's
certification policy and report and transmit Project activity documents
to KDOT's Construction Office.
(3)
Assign a sufficient number of KDOT Certified Inspector(s) of the
appropriate classifications to the Project to perform the services
required under the Agreement, in a timely manner to avoid delay to the
Contractor.
(4)
Become familiar with the standard practices of the KDOT, the Contract
Documents (Specifications, Construction Contract Proposal, Special
Provisions, and Plans), and the Contractor's proposed schedule of
operations prior to beginning field work under the Agreement.
(5)
Perform the LPA's field operations in accordance with accepted safety
practices.
(6)
Furnish all equipment required to accomplish the LPA's work, and to
check or test it prior to use on the Project.
(7)
Provide for LPA personnel such transportation, supplies, materials and
incidentals as are needed to the
accomplish services required under the
Agreement.
(8)
Undertake the following:
Transmit orders from the KDOT to the Contractor and provide
guidance in the proper interpretation of the Specifications and Plans.
Perform orprovide construction surveys, staking, and measurements
needed by the Contractor (unless provided for in where contractor
construction staking is to be performed as a bid item by the Contractor)
and perform measurements and surveys that are involved in the
determination of final pay quantities.
Inspect all phases of construction operations to determine the
Contractors compliance with the Contract Documents and to reject
such work and materials which do not comply with Contract Documents
until any questions at issue can be referred to and decided by the
KDOT Field Engineer.
Sheet 2 of 6
Take field samples and/or test materials to be incorporated in the work,
and reject those not meeting the provisions of the Contract Documents
until any questions at issue can be referred to and be decided by the
KDOT Field Engineer.
Make certain that test report records or certificates of compliance for
materials tested off the Project site and required, prior to the
incorporation in the work, have been received.
Keep such dailydiaries, logs and records as are needed for a complete
record of the Cntractor's progress.
Measure and compute all materials incorporated in the work and items
of work complete and maintain an item account record.
Provide measurement and computation of pay items.
Pre are and submit, or assist in preparing, such periodic, intermediate
anYfinal reports and record's as may be required by the KDOT and as
are applicable to the Project, which may include:
a. Progress Reports
b. Weekly statement of working days
C. Notice of change in construction status
d. Report of field ins ection of material
e. Test report record
f. Contractor pay estimates
gg Pile driving data
h.
Piling record
i. Final certification of materials
Explanation of quantity variation
State of contract time
1. Other records and reports as required by the Project
Review, or assist in reviewing and preparing of documents, all
Contractor submittals of records and reports required by the KDOT
and as are applicable to the Project to assure the Project is constructed
in accordance with Federal and State requirements and which may
include:
a. Request for partial and final payment
b. Other reports and records as required by the individual Project
(9) Prepare and submit, if desired by the LPA, partial payment invoices for
services rendered by the LPA, but not to exceed one submittal per
month.
(10) Collect, properly label or identify, and deliver to the KDOT all original
diaries, togs, notebooks, accounts, records, reports and other documents
prepared by the LPA in the performance of the Agreement, upon
completion or termination of the Agreement.
Sheet 4 of 6
d. Perform or provide for laboratory testing of materials requiring
off-site testing facilities, and obtain test reports or certificates of
compliance thereof.
e. Perform all necessary weld inspection when there is welding for
bridge beam connections and splices, and for sign supports. This
includes all cross frames, diaphragm connections, and stud
welding.
f. Designate a Construction Engineer/Construction Coordinator in
the Construction Office with the duties and responsibilities set
forth in Section IC of the General Construction Provisions of the
Agreement.
g. Provide, through the Field Engineer and the District staff, such
assistance and guidance to tete LPA as may be reasonably
necessary to perform and complete the Agreement in
conformance with standard construction engineering practices of
the KDOT.
(2) The KDOT reserves the right to assign and charge to the Project such
KDOT personnel as may be needed.
II. PROSECUTION AND PROGRESS
A. It is anticipated work under the construction contract will start in 1990, and be
completed by 1990.
B. The LPA shall complete all services to be rendered under this Agreement no
later than two months after completion of Project construction. Failure to
comply may result in disqualification of the LPA's Project Engineer/Project
Manager or Chief Inspector until proper documentation is submitted and
accepted.
III. BASIS OF PAYMENT
A. Compensation for work provided by the LPA under the terms of the
Agreement shall be the incurred and reimbursable actual costs to the LPA not
to exceed the Agreement Estimate and as allowed by State Law and the
Federal Share which will be limited to the applicable Federal -aid cost sharing
formulae and availability of Federal -aid funds for engineering services.
B. Reimbursement for costs will be limited to those which are allowable under
the Code of Federal Regulations (CFR) Title 23 and Title 48, Chapter 1 and
the Federal -aid Highway Program Manual, Volume 1, Chapter 7, Section 2,
except to the extent the provisions of that subpart are clearly inappropriate to
the Agreement.
C. The estimated hourly equipment and labor costs and Project estimates are
included as special attachments.
(1) Labor and fringe benefits will be charged at the LPA's actual cost. If an
employee is paid monthly, his hourly rate will be computed by dividing
his salary by the hours per month that he works.
Sheet 6 of 6
IV. MISCELLANEOUS PROVISIONS
A. AUTHORIZED REPRESENTATIVES
(1) The Field Engineer for the KDOT will be Mr. Randy West, P.E., Area
Engineer, whose work address is P.O. Box 147, Ellsworth, Kansas
67439-0147 and work telephone is 913-472-4447.
(2) The Project Engineer/Project Manager for the LPA will be Mr. Barry J.
Hummel, Certification Number 72 (expiration date is May 2, 1993),
whose work address is 300 West Ash Street, Salina, Kansas 67401 and
work telephone is 913-827-9481.
(3) The Chief Inspector for the LPA will be Mr. Barry J. Hummel,
Certification Number 72 (expiration date is May 2, 1993), whose work
address is 300 West Ash Street, Salina, Kansas 67401 and work
telephone is 913-827-9481.
B. ACCESS TO RECORDS
(1) All documents and evidence pertaining to costs incurred under this
Agreement will be available for inspection during normal business
hours in the LPA's office, for a period of three (3) years following final
Agreement payment.
Special Attachment No. 2
Sheet 1 of 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 C1 VII., RIGHTS ACT OF 1964 AND
REHABILITATION ACT OF 1973
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), 5504 of the
Rehabilitation Act of 1973 (87 Stat. 355) and the Regulations of the U.S. Department of
Transportation (49 C.F.R., Part 21, 23 and 27), issued pursuant to such Act, hereby notifies
all contracting parties that, the contracting parties will affirmatively insure that this contract
will be implemented without discrimination on the grounds of race, religion, color, sex, age,
handicap, or national origin, as more specifically set out in the following eight
Nondiscrimination Clauses'.
CLARIFICATION
Where the term 'consultant' appears in the following seven 'Nondiscrimination Clauses',
the term 'consultant' is understood to include all parties to contracts or agreements with
the Secretary of Transportation of the State of Kansas.
(Revised 4-21-89)
Special Attachment No. 2
Sheet 3 of 3
(6) Sanctions for Noncompliance: In the event of the consultant's noncompliance
with the nondiscriminationrovisions of this contract, the Secretary of
Transportation of the State ofKansasshall impose such contract sanctions as
the Secretary of Transportation of the State of Kansas 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, termination or suspension of the contract, in whole or in
part.
(7) Disadvantaged Business Obligation
(a) Disadvantaged Businesses as defined in the Regulations, shall have the
maximum opportunity to participate in the performance of contracts
financed in whole or m part with Federal funds under this contract.
(b) All necessary and reasonable steps shall be taken in accordance with the
Regulations to ensure that Disadvantaged Businesses have the
maximum opportunity to compete for and perform contracts. No
person(s) shall be discriminated against on the basis of race, religion,
color, sex, age, handicap or national origin in the award and
performance of Federally -assisted contracts.
(8) 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.
(Revised 4-21-89)
1
2
3
4
5
6
7
8
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
Sheet 1 of 1
Special Attachment No. 3
Listing of KDOT Certified Inspectors
The following list of KDOT Certified Inspectors are available to perform
the inspection on this project when required.
Name Level of Certification Certification No. Expir. Date
Udell A. Bodwell IIAC #682 3-29-93
Barry J. Hummel IIAC #72 5-2-93
May 23, 1990
Supporting Data Sheet For
Estimate of Engineering Fee
A. Work Phase
Initial Paperwork & Meetings:
(a) Engineering Technician
(b) Engineering Aide
Subtotal:
Signal System:
(a) Engineering Technician
(b) Engineering Aide
Subtotal:
Final Paperwork:
(a) Engineering Technician
(b) Engineering Aide
Subtotal:
Speoia� Attachmcot No. +F
Project No. 85U-1298-01
HES OOOS (181)
City of Salina
Saline County
30 hrs. @ $13.77 = $ 413.10
40 hrs. @ 9.08 = 363.20
$ 776.30
50 hrs. @ $13.77 = $ 688.50
80 hrs. @ 9.08 = 726.40
$1,414.90
30 hrs. @ $13.77 = $ 413.10
40 hrs. @ 9.08 = 363.20
$ 776.30
Total Direct Payroll Costs: $2,967.50
Summary of Total Direct Payroll Costs:
(a) Engineering Technician 110 hrs. @ $13.77 = $1,514.70
(b) Engineering Aide 160 hrs. @ 9.08 = 1,452.80
Total Direct Payroll Costs: $2,967.50
B. Salary Related Benefits, etc.:
(a) Engineering Technician 24.2% x 1514.70 = $ 366.56
(b) Engineering Aide 30.8% x 1452.80 = 447.46
Subtotal: 5 814.02
C. Total Direct Payroll & Benefits (A + B): $3,781.52
D. Direct Expenses (Travel, Postage, Supplies, etc.):
Mileage (500 @ $0.141) (Van, i Ton) $ 70.50
Postage & Telephone 35.00
Survey Supplies, etc. 50.00
Total Other Direct Expenses: 5 155.50
TOTAL FORCE ACCOUNT ESTIMATE: $3,937.02
RESOLUTION NUMBER 90-4196
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE
CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF SALINA,
AND THE SECRETARY OF TRANSPORTATION OF THE STATE OF KANSAS,
AUTHORIZING THE LOCAL PUBLIC AUTHORITY TO PERFORM CERTAIN
CONSTRUCTION ENGINEERING WORK FOR TRAFFIC SIGNALS AT THE
INTERSECTION OF NINTH AND CLOUD STREETS IN THE CITY, FOR PROJECT
185 U-1298-01.
BE IT RESOLVED by the Governing Body of the City of Salina,
11 Kansas:
Section 1. That the Mayor and City Clerk are authorized and directed
to execute for and on behalf of the City of Salina, Kansas, an agreement
I between the City of Salina and the Secretary of Transportation of the State of
Kansas, authorizing the local public authority to perform certain construction
engineering work for Project No. 85 U-1298-01, for traffic signals at the
intersection of Ninth and Cloud Streets in the City.
Section 2. That this Resolution shall be in full force and effect from
i and after its adoption.
Adopted by the Board of Commissioners and signed by the Mayor this
11th day of June, 1990.
i!
Robert E. Fra4k, Ma r
II [SEAL]
U ATTEST:
Jacque ine Shiever, City Clerk
i
STATE OF KANSAS )
SS
COUNTY OF SALINE ) —
I, Jacqueline Shiever, City Clerk of the City of Salina, Kansas, do
hereby certify that Resolution Number 90-4196 was adopted by the Board of
Commissioners at its regular meeting on June 11, 1990 and that the above and
foregoing is a true and correct copy of the original on file in my office.
r WITNESS my hand and official seal this 26th day of June, 1990.
`' Jacqu line Shiever, City Clerk
STATE OF KANSAS
KANSAS DEPARTMENT OF TRANSPORTATION
Docking State Office Building
Topeka 66612-1568
(913) 296-3566
Horace B. Edwards
Secretary of Transportation
Project No. 85 U-1298-01
Ci. of Salina
Saline County
Mr. Don Hoff, P.E.
Salina City Engineer
P.O. Box 736
Salina, Kansas 67402-0736
Dear Mr. Hoff-
May 31, 1990
2&
Cocernor of nansas
Enclosed are three (3) copies for gh Force Account Agreement for performance of
certain construction engineering work on the above noted project s) that were prepared
from�4,')Uspecial
r bmitted proposal s. The Agreement is an eleven (li page document with
four attachments. lease review the entire Agreements and specifically note
how e authority to proceed is issued (Item II., A., (1)) and also note the basis of payment
(Item III., A., (1) through (4) and Special Attachment I o.1- III., A. through E.).
One (1) extra copy of each Agreement for each project noted above is for the LPA's
files. Two (2) co ies, marked State's Original and (sty's or County's Original, of g�
Agreement should be signed and attested on page 11.
When the Agreement(s) have been executed and dated by KDOT. one (1) copy,
marked City's or County's Original, will be returned to the LPA. The Notice to proceed
Letter will come from the KDOT Field Engineer assigned to the Project.
Sincerely,
LARRY W. EMIG, P.E.
Chief of Local Projects
BY:
�+ f Project Coordinating Engineer
LWE:JRC:WEG:gry/4
Enclosures
cc: Mr. Warren Sick, P.E., Chief of Traffic Engineering
Circ "s
xlwwofl-
CONTRACTFOR
FEDERAL -AID ROAD CONSTRUCTION
ENGINEERING BY CITY/COUNTY
(FORCE ACCOUNT AGREEMENT)
PROJECT NO. 85 U-1298-01
CITY OF SALINA
SALINE COUNTY
THIS AGREEMENT entered intothis"`day of 1990 by and
between the City of Salina, hereinafter referred to as the c Aii&o as
principal, and the Secretary of Transportation of the State of as, hereinafter refer)'red
to as the "Secretary', as agent for LPA pursuant to authority vested in the parties hereto by
virtue of KS A 6 -402b and KS.A. 68-401 et seq. and an agreement between parties dated
March 19,1990.
WITNESSETH:
WHEREAS, the Secretary of Transportation of the State of Kansas pursuant to
federal and state law authorizes said LPA to perform certain construction engineering work
on the above noted "Project" consisting of 0.00 miles of Traffic Signals @ Intersection of
Ninth & Cloud in Salina and,
WHEREAS, in the execution of this Agreement, the LPA certifies that it has now
available sufficient equipment of suitable type and the necessary employees adequately
trained to perform the work required under this Agreement in an economical and
workmanlike manner, and the LPA further certifies that the use of the forces and
equipment required for the performance of this work will not interfere with other work
which is necessary to be performed by such forces and equipment on other roads in the
LPA, and
WHEREAS, the approved plans and specifications for said Project are available at the
KDOT Headquarters in Topeka, and
WHEREAS, the LPA and the Secretary desire to set forth in this instrument their
understanding and agreements relating to the construction engineering and allocation of
costs of the said Project.
NOW, THEREFORE, in consideration of the covenants of the parties and to give this
agreement full force and effect in providing the benefits hereinbefore mentioned, the
parties hereto mutually agree as follows:
I. SCOPE OF SERVICES
A. DEFINITIONS
(1) The term "KDOT" shall mean the Kansas Department of
Transportation and its authorized representatives.
- (2) The term "LPA" shall mean the City/County and its authorized
employees.
ME
(3) The term "FHWA" shall mean the Federal Highway
Administration and its authorized representatives.
(4) The term "Contractor" shall mean the individual, partnership,
joint venturers, corporation, or agency undertaking the
performance of the work designated under the terms of the
construction contract.
(5) The term "Specifications" shall mean the current Standard
Specifications for Road and Bridge Construction of the Kansas
Department of Transportation, as incorporated in the
construction contract specifications and supplementals thereto.
(6) The term "Construction Contract Proposal" shall mean the offer
of the bidder or contractor, on the Project, on the prescribed
form, to perform the work and to furnish the labor and materials
at the pries quoted.
(7) The term "Special Provisions" shall mean the directions or
requirements peculiar to a Project and not otherwise thoroughly
or satisfactorily included in the Specifications, and which are
contained in the Construction Contract Proposal.
(8) The term 'Plans" shall mean the approved plan, profiles, typical
cross sections, working drawings and supplemental drawings, or
exact reproductions thereof, which show the location, character,
dimensions, and details of the work to be done.
(9) The term "Contract Documents" shall mean the Specifications,
Construction Contract Proposal, Special Provisions and Plans, as
defined above.
(10) The term "Manual" shall mean the Construction Manual, the
Forms and Documentation Manual data and information
produced by the KDOT for the instruction of its employees and
furnished in bound or collected form.
(11) The term "Field Engineer" shall for the administrative control of
this Agreement be considered to mean Metro Engineer, Field
Engineering Administrator and/or Area Engineer.
B. GENERAL RESPONSIBILITIES AND DUTIES
(1) The LPA shall perform engineering services necessary and
incidental to the accomplishment of the Project to the
satisfaction of KDOT, and as more detailed in Special
Attachment - Specific Construction Provisions.
(2) The LPA shall furnish services, labor, materials, equipment,
supplies and incidentals, other than those hereinafter designated
to be furnished by the KDOT, necessary to conduct and
complete the work.
-2-
(3) The work under this Agreement shall at all times be subject to
the review and approval of the KDOT and shall be under the
direction and control of its authorized representative.
(4) The LPA's principal contact with the KDOT shall be with the
construction field office.
(5) The work under this Agreement shall comply with all applicable
federal and state laws and regulations.
(6) The LPA shall comply with OMB Circular No. A-128.
(7) The FHWA shall have the right to participate in all conferences
and reviews.
(8) Compliance with all of the foregoing shall be considered to be
within the purview of this Agreement and shall not constitute a
basis for additional or extra compensation.
C. CONTROL AND AUTHORITY
(1) The authorized representative of the KDOT will be designated
by the District's Construction Engineer and will be titled the
"Field Engineer".
(2) The Field Engineer will delegate to a construction office the
overseeing of the Project where a Construction Engineer/
Construction Coordinator will be assigned to monitor and
coordinate all Project related activity to assure compliance with
applicable Federal and State requirements of all work
performed under this Agreement and all construction activities
performed under the Contract Documents.
(3) The LPA will designate a Project Engineer/Project Manager and
other inspection personnel that are certified by the KDOT in the
appropriate classification to inspect all work performed and
materials furnished. The LPA may designate a Chief Inspector
who will perform the duties and have the responsibilities of the
Project Engineer/Project Manager. The Project Engineer/
Protect Manager is not authorized to alter or waive the
provisions of these specifications or the Construction Contract
Proposal. The Project Engineer/Project Manager is not
authorized to issue instructions contrary to the Plans and
Specifications, or to act as foreman for the Contractor, however,
he shall have the authority to reject work or materials until any
questions at issue can be referred to and decided by the Field
Engineer.
The use of non -certified inspector(s) for this project will be
limited to specific work after demonstrating satisfactory
performance and obtaining written approval by the Field
Engineer.
-3-
II. PROSECUTION AND PROGRESS
A. GENERAL
(1) Written authority to proceed with the work on any construction
Project under this Agreement will be given by the KDOT to the
LPA. The KDOT will not be responsible for any work
performed by the LPA prior to such authorization or liable for
payment therefore.
(2) Work under this Agreement will commence with attendance at a
formal Construction Conference by the LPA and the KDOT,
unless otherwise stated elsewhere in the Agreement or at the
direction of the Construction Engineer/Construction
Coordinator during an informal Construction Conference.
Attendees at a formal Construction Conference shall include
representative of KDOT's Area Engineer and the Construction
Office(Construction Engineer/Construction Coordinator) and
LPA's Project Engineer/Project Manager and such other
representatives as may be designated by each party to the
Agreement. The KDOT will notify the LPA of the location, date
and time and will make necessary arrangements for the
conference. Topics for discussion shall include scope of the
Contractor's construction operations and anticipated schedule,
review of necessary staffing by the LPA, lines of communication
and authority, equipment needs, standard practices of the
KDOT, and related subjects.
(3) The LPA shall attend the formal Construction Conference held
between the KDOT, the Contractor and involved utilities and
agencies, unless otherwise stated elsewhere in the Agreement.
(4) The LPA shall have KDOT Certified Project Inspector(s) of the
appropriate classification on the project or plant site at all times
when work which requires inspection is being performed. The
inability of the LPA to provide appropriately certified inspectors
for a project may, at the Secretary's discretion, give cause for
termination of this Agreement.
(5) The Agreement shall be considered completed upon final
payment, and notice of written release from KDOT therefor
unless previously terminated as provided in Section HC.
(6) Should the KDOT deem it necessary for the LPA to render
additional services for review of contract items, conditions,
claims or litigation matters after completion of the Agreement,
the LPA agrees to cooperate and render such requested services.
Such services shall be paid for in the amount and manner
mutually agreed upon by the KDOT and the LPA.
(7) A Close -Out Conference may be held upon completion of this
Agreement to evaluate the performance of the LPA. Attendees
shall include the Field Engineer, representatives of the
construction office (including Construction Engineer/
-5-
(2) All the applicable terms of this Agreement remain in force and
are a condition to any work approved to be sublet or assiggnned
Specific reference is made to Nondiscrimination and Equai
Employment Opportunity, as applicable to the subcontract
III. BASIS OF PAYMENT
A. GENERAL
(1) For the completed and approved (by KDOT District) work or
services rendered under this Agreement, the LPA will be paid
the supported actual costs by the KDOT the total of which shall
not exceed the Agreement Estimate as set forth in the Special
Construction Provisions (Special Attachment). Extra Work if
any, shall be compensated as set forth in an approved
supplement to this Agreement coven such work. Extra work
will be paid for separately and in addition to the Agreement
Estimate. Such payment shall be full compensation for work
performed or services rendered and for all labor, material,
supplies, equipment and incidentals necessary to complete the
work.
(2) Should the Agreement contain more than one construction
Project, any and all invoices and the final statement shall itemize
charges by individual Project.
(3) The LPA may submit invoices to the KDOT, not more often
than once per month during the progress of the work, for partial
payment on account for the approved work completed to date by
the LPA. The Secretary's Bureau of Fiscal Services will review
the voucher and issue a warrant to the LPA for ninety-five (95)
percent of approved or eligible actual costs vouchered the
Secretary (not to exceed ninety-five (95) percent of the
maximum of the Federal -aid share of the Agreement estimate).
The final claim should be transmitted to the Bureau of Fiscal
Services through normal channels and include a statement that
all conditions have been met for final payment.
(4) When this claim, submitted on the payment voucher, has been
audited and upon receipt of the survey notes, records, reports,
final estimates, record drawings, Manuals, Contract Documents,
guides, and other documents required to be returned or to be
furnished under this Agreement, the Secretary will issue the
LPA a warrant for thatrtion of the eligible additional five (5)
percent of the voucher (up to the maximum of the federal share
of the Agreement estimate and as allowed by provisions of State
Law).
-7-
(2) Claims by the LPA for compensation for work resulting from
such revisions shall be submitted and processed in accordance
with Section IV of this Agreement.
C. OWNERSHIP OF DOCUMENTS
(1) Upon completion or termination of this Agreement all plans,
Manuals, Contract Documents, guides, written instructions,
unused forms and recordkeept'ng books, and other written data
and information furnished to the LPA by the KDOT for the
performance of the Agreement, and all survey notes, diaries,
reports, records and other information and data collected or
prepared by the LPA in the performance of this Agreement shall
be properly arranged and delivered to the KDOT, and shall
become the property of the KDOT.
(2) Documents collected or prepared by the LPA in the
performance of this contract may be used without restriction by
the KDOT for any publicpurpose. Any such use shall be
without compensation to the LPA
D. CONTINGENT FEES
(1) The LPA warrants that they have not employed or retained any
company or person, other than a bonafide employee working
solely for the LPA to secure this Agreement, and that they have
not paid or agreed to pay any company or person, any fee,
commission, percentage, brokerage fee, gift, or any other
consideration, contingent upon or resulting from the award or
making of this Agreement.
For breach or violation of this warranty the KDOT shall have the
right to annul this Agreement without liability.
E. AGREEMENT ITEMS
(1) It is also understood and agreed that the Project plans,
Specifications, Special Provisions, and Construction Contract
Proposal (as available), and the Agreement Estimate and other
Special Attachments (Index provides List of Special
Attachments) are all essential documents of this Agreement and
are hereby incorporated by reference into this Agreement and
are a part thereof.
F. ACCESS TO RECORDS
(1) The LPA and subcontractors if any, agree to maintain for
inspection by the KDOT and the FHWA all books, documents,
papers, accounting records and other evidence pertaining to all
costs incurred under this Agreement and to make such materials
available at their respective offices at all reasonable times during
the life of the Agreement and for three (3) years from the date
of the final federal payment to KDOT under the Agreement,
and to furnish copies thereof if requested.
MIZ
K. HOLD HARMI.FfiS CLAUSE
(1) The LPA hereby expressly agrees to save the Secretary and the
Secretary's authorized representatives harmless from any and all
costs, liabilities, expenses, suits,udgments and damages to
persons or property caused by the LPA, it's agents, employees of
subcontractors which may result from acts, errors, mistakes of
omissions from the LPA's operation in connection with the
services to be performed hereunder.
L. THIRD PARTY BENEFICIARY
(1) 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 or provisions
of this agreement.
IN WITNESS WHEREOF: The parties hereto have caused this Agreement to be
signed by their duly authorized officers. It is further understood that this Agreement and
all other Agreements entered into under the provisions of this Agreement shall be binding
upon the parties to this agreement and their successors in office.
RECOMMENDED FOR APPROVAL:
tyEngineer
ATTEST:
3 « ,u. S
Ut3jWftnty Clerk
TE LOCAL OFFICIAL:
Commissioners
Member
Member
HORACE B. EDWARDS
Secretary of Transportation
By:
-11-
t�N:J :I
INDEX OF ATTACHMENTS
1.
Special
Attachment
No.
1
- Specific Construction Provisions
2.
Special
Attachment
No.
2
- Civil Rights Act of 1964 and
Rehabilitation Act of 1973
3.
Special
Attachment
No.
3 -
listing of KDOT Certified
Inspectors
4.
Special
Attachment
No.
4 -
Estimate of Engineering Fee
Sheet 1 of 6
SPECIAL ATTACHMENT NO.1
SPECIFIC CONSTRUCTION PROVISIONS
I. SCOPE OF SERVICES
A. SERVICES TO BE PERFORMED BY THE LPA
The LPA agrees to:
(1)
Attend all conferences designated by the KDOT, or required under the
terms of the Agreement.
(2)
Designate a Pro ect Engineer/Project Manager who shall meet KDOT's
certification policy and report and transmit Project activity documents
to KDOT's Construction Office.
(3)
Assign a sufficient number of KDOT Certified Inspector(s) of the
appropriate classifications to the Project to perform the services
required under the Agreement, in a timely manner to avoid delay to the
Contractor.
(4)
Become familiar with the standard practices of the KDOT, the Contract
Documents (Specifications, Construction Contract Proposal, Special
Provisions, and Plans), and the Contractor's proposed schedule of
operations prior to beginning field work under the Agreement.
(5)
Perform the LPA's field operations in accordance with accepted safety
practices.
(6)
Furnish all equipment required to accomplish the LPA's work, and to
check or test it prior to use on the Project.
(7)
Provide for LPA personnel such transportation, supplies, materials and
incidentals as are needed to accomplish the
services required under the
Agreement.
(8)
Undertake the following:
Transmit orders from the KDOT to the Contractor and provide
guidance in the proper interpretation of the Specifications and Plans.
Perform orprovide construction surveys, staking, and measurements
needed by the Contractor (unless provided for in where contractor
construction staking is to be performed as a bid item by the Contractor)
and perform measurements and surveys that are involved in the
determination of final pay quantities.
Inspect all phases of construction operations to determine the
Contractors compliance with the Contract Documents and to reject
such work and materials which do not comply with Contract Documents
until any questions at issue can be referred to and decided by the
KDOT Field Engineer.
Sheet 2 of 6
Take field samples and/or test materials to be incorporated in the work,
and reject those not meeting the provisions of the Contract Documents
until any questions at issue can be referred to and be decided by the
KDOT Field Engineer.
Make certain that test report records or certificates of compliance for
materials tested off the Project site and required, prior to the
incorporation in the work, have been received.
Keep such daily diaries, logs and records as are needed for a complete
record of the Contractor's progress.
Measure and compute all materials incorporated in the work and items
of work complete and maintain an item account record.
Provide measurement and computation of pay items.
Prepare and submit, or assist in preparing, such periodic, intermediate
anYfinal reports and record's as may be required by the KDOT and as
are applicable to the Project, which may include:
a. Progress Reports
b. Weekly statement of working days
C. Notice of change in construction status
d. Report of field inspection of material
e. Test report record
f. Contractor pay estimates
gg Pile driving data
record
i.
i. Final- certification of materials
iExplanation of quantity variation
. State of contract ttme
L Other records and reports as required by the Project
Review, or assist in reviewing and preparing of documents, all
Contractor submittals of records and reports required by the KDOT
and as are applicable to the Project to assure the Project is constructed
in accordance with Federal and State requirements and which may
include:
a. Request for partial and final payment
b. Other reports and records as required by the individual Project
(9) Prepare and submit, if desired by the LPA, partial payment invoices for
services rendered by the LPA, but not to exceed one submittal per
month.
(10) Collect, properly label or identify, and deliver to the KDOT all original
diaries, togs, notebooks, accounts, records, reports and other documents
prepared by the LPA in the performance of the Agreement, upon
completion or termination of the Agreement.
L Sheet 4 of 6
d. Perform.or provide.for, laboratory testing of materials reguirmg
off-site. testing facilities, and,obtam test reports or certificates of
abmpliance thereof.
e. Perform all necessary weld inspection when there is welding for
bridge beam connections and splices, and for sign supports. This
includes all cross frames, diaphragm. connections, and stud
welding.
E Desi��aate a Construction Engineer/Construction Coordinator in
the Construction.Office with the duties and responsibilities set
forth in Section IC of the General Construction Provisions of the
Agreement.
g. Provide, throu the Field En *neer and the District staff, such
assistance and guidance to the LPA as may be reasonably
necessary to perform and complete the Agreement in
conformance with standard construction engineering practices of
the KDOT.
(2) The KDOT reserves the right to assign and charge to the Project such
KDOT personnel as may be needed.
H. PROSECUTION AND PROGRESS
A. It is anticipated work under the construction contract will start in 1990, and be
completed by 1990.
B. The LPA shall complete all services to be rendered under this Agreement no
later than two months after completion of Project construction. Failure to
comply may result in disqualification of the LPA's Project Engineer/Project
Manager or Chief Inspector until proper documentation is submitted and
accepted.
III. BASIS OF PAYMENT
A. Compensation for work provided by the LPA under the terms of the
Agreement shall be the incurred and reimbursable actual costs to the LPA not
to exceed the A#reement Estimate and as allowed by State Law and the
Federal Share which will be limited to the applicable Federal -aid cost sharing
formulae and availability of Federal -aid funds for engineering services.
B. Reimbursement for costs will be limited to those which are allowable under
the Code of Federal Regulations (CFR) Title 23 and Title 48, Chapter 1 and
the Federal -aid Highway Program Manual, Volume 1, Chapter 7, Section 2,
except to the extent the provisions of that subpart are clearly inappropriate to
the Agreement.
C. The estimated hourly equipment and labor costs and Project estimates are
included as special attachments.
(1) Labor and fringe benefits will be charged at the LPA's actual cost. If an
employee is paid monthly, his hourly rate will be computed by dividing
his salary by the hours per month that he works.
Sheet 6 of 6
IV. MISCELLANEOUS PROVISIONS
A. AUTHORIZED REPRESENTATIVES
(1) The Field Engineer for the KDOT will be Mr. Randy West, P.E., Area
Engineer, whose work address is P.O. Box 147, Ellsworth, Kansas
67439-0147 and work telephone is 913-4724447.
(2) The Project er/Pro ect Manager for the LPA will be Mr. BaJ
Hummel, Ce�tion umber 72 (expiration date is May 2, 17931):
whose work address is 300 West Ash Street, Salina, Kansas 67401
work telephone is 913-827-9481.
(3) The Chief Inspector for the LPA will be Mr. Barry J. Hummel,
Certification Number 72 (expiration date is May 2, 1993), whose work
address is 300 West Ash Street, Salina, Kansas 67401 and work
telephone is 913-827-9481.
B. ACCESS TO RECORDS
(1) All documents and evidence pertaining to costs incurred under this
Agreement will be available for inspection during normal business
hours in the LPA's office, for a period of three (3) years following final
Agreement payment.
Special Attachment No. 2
Sheet 1 of 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
REHABILITATION ACT OF 1973
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. 355) and the Regulations of the U.S. Department of
Transportation (49 C.F.R., Part 21, 23 and 27), issued pursuant to such Act, hereby notifies
all contracting parties that, the contracting parties will affirmatively insure that this contract
will be implemented without discrimination on the grounds of race, religion, color, sex, age,
handicap, or national origin, as more specifically set out in the following eight
Nondiscrimination Clauses'.
CLARIFICATION
Where the term `consultant' appears in the following seven `Nondiscrimination Clauses',
the term `consultant' is understood to include all parties to contracts or agreements with
the Secretary of Transportation of the State of Kansas.
(Revised 4-7.1-R9)
Special Attachment No. 2
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 contract sanctions as
the Secretary of Transportation of the State of Kansas 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, termination or suspension of the contract, in whole or in
part.
(7) Disadvantaged Business Obligation
(a) Disadvantaged Businesses as defined in the Regulations, shall have the
maximum opportunity to participate in the performance of contracts
financed in whole or in part with Federal funds under this contract.
(b) All necessary and reasonable steps shall be taken in accordance with the
Regulations to ensure that Disadvantaged Businesses have the
maximum opportunity to compete for and perform contracts. No
person(s) shall be discriminated against on the basis of race, religion,
color, sex, age, handicap or national origin in the award and
performance of Federally -assisted contracts.
(8) Incorporation of Provisions: The consultant will include the provisions of
paragraph (1) through (8) in every subcontract, including procurements of
n s
mateand 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 orprocurement 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.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
19
20
21
22
23.
24.
25
Sheet 1 of 1
Special Attachment No. 3
Listing of KDOT Certified Inspectors
The following list of KDOT Certified Inspectors are available to perform
the inspection on this project when required.
Name Level of Certification Certification No. Expir. Date
Udell A. Bodwell IIAC #68 3-29-93
Barry J. Hummel IIAC #72 5-2-93
May 23, 1990
Supporting Data Sheet For
Estimate of Engineering Fee
A. Work Phase
Initial Paperwork & Meetings:
(a) Engineering Technician
(b) Engineering Aide
Subtotal:
Signal System:
(a) Engineering Technician
(b) Engineering Aide
Subtotal:
Final Paperwork:
(a) Engineering Technician
(b) Engineering Aide
Subtotal:
Speeici� Attachmcot No , +
Project No. 85U-1298-01
HES ODDS (181)
City of Salina
Saline County
30 hrs. @ $13.77 = $ 413.10
40 hrs. @ 9.08 = 363.20
$ 776.30
50 hrs. @ $13.77 = $ 688.50
80 hrs. @ 9.08 = 726.40
$1,414.90
30 hrs. @ $13.77 = $ 413.10
40 hrs. @ 9.08 = 363.20
$ 776.30
Total Direct Payroll Costs: $2,967.50
Summary of Total Direct Payroll Costs:
(a) Engineering Technician 110 hrs. @ $13.77 = $1,514.70
(b) Engineering Aide 160 hrs. @ 9.08 = 1,452.80
Total Direct Payroll Costs: $2,967.50
B. Salary Related Benefits, etc.:
(a) Engineering Technician 24.2% x 1514.70 = $ 366.56
(b) Engineering Aide 30.8% x 1452.80 = 447.46
Subtotal: S 814.02
C. Total Direct Payroll & Benefits (A + B): $3,781.52
D. Direct Expenses (Travel, Postage, Supplies, etc.):
Mileage (500 @ $0.141) (Van, i Ton) $ 70.50
Postage & Telephone 35.00
Survey Supplies, etc. 50.00
Total Other Direct Expenses: S 155.50
TOTAL FORCE ACCOUNT ESTIMATE: $3,937.02
A RESOLUTION RELATING TO BENEFITS
OBTAINABLE BY CITIES UNDER THE PROGRAM
FOR FEDERAL AID ON HIGHWAY 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. 6-90 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 Aid Plan of Highway Construction,
and obtain the benefits of such legislation for the City on the
terms and conditions set forth in such agreement as may be prepared
and approved by the Secretary of Transportation for the improvement
of intersection of 9th & Cloud
ELI
and known as Project No. 85 U-1298-01 HES OOOS(181)
Passed by the (Council)(Commission) this _ day of , 19
(Approved)(Signed) , Mayor
(SEAL)
ATTEST:
City Clerk
STATE OF KANSAS
l o TRA
�p 4RiA 2
�fANSaS�
KANSAS DEPARTMENT OF TRANSPORTATION
Docking State Office Building
Topeka 66612-1568
(913) 296-3566
Horace B. Edwards March 20, 1990 Mike Hayden
Secretary of Transportation Governor of Kansas
Agreement No.: 6-90
Project No.: 85 U-1298-01
HES OOOS(181)
Traffic Signal Installation
City of Salina
Saline County
Ms. Jacqueline B. Shiever
City Clerk
300 W. Ash
P.O. Box 736
Salina, KS 67402-0736
Dear Ms. Shiever:
We are enclosing herewith your fully executed copy of the
agreement for the above numbered project. Additional copies of
this agreement will be furnished if requested within two weeks of
this date. After that period all extra copies will be destroyed.
Sincerely,
Warren L. Sick, P.E.
Chief of Traffic Engineering
WLS:AR:ts
Enclosure
cc: Mr. Larry Emig, Local Projects w/a
OFF FEDERAL -AID SYSTEM
PROJECT NO. 85 U-1298-01
HES OOOS(181)
TRAFFIC SIGNAL INSTALLATION
CITY OF SALINA, KANSAS
AGREEMENT
Agreement No. 6-90
This Agreement, made and entered into this /1�7�'day of
199c` by and between the City of Salina, Kansas, here�ter ref erre. to as t e tty, and
thgtecretary of Transportation of the State of Kansas, hereinafter referred to as the
Secretary.
RECITALS:
WHEREAS, The Secretary and the 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 and highways, provided, however, that in order to be eligible for
such federal aid, such work is required to be done in accordance with the laws of the state
and under the direct supervision of the Department of Transportation of such state, and
WHEREAS, the City requests 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 safety project for the installation of traffic signals off the
federal -aid system at the location described as follows:
at the intersection of Ninth and Cloud in the City of Salina, and
WHEREAS, the Secretary and the City desire to enter into an agreement covering the
project, and .
and WHEREAS, the City desires federal participation for implementation of the project,
WHEREAS, it is to the best interest of the inhabitants of the City that the project be
completed and maintained on the project location.
-1-
No. 6-90
NOW, THEREFORE, in consideration of the premises and to secure the approval and
construction of the project, the parties hereto mutually agree as follows:
1. That the pro'ect when approved shall be undertaken, prosecuted and
completed for and on behalf of the City by the Secretary acting in all things as its agent and
the City hereby constitutes and appoints the Secretary its agent, and all acts, proceedings,
matters and things hereinafter done by the Secretary in connection therewith are hereby by
the City authorized, adopted, ratified and confirmed to the same extent and with the same
effect as though done directly by the City acting in its own individual corporate capacity
instead of by its agent, except as otherwise modified by this Agreement.
2. The City agrees to prepare, or have prepared, the project plans under the
direction of the Secretary. The plans for the project, when approved by the City, State
Transportation Engineer and the Federal Highway Administration, are by reference made
a part of this Agreement.
3. The City agrees that it will, in its own name as provided by law, acquire by
purchase, dedication or condemnation all of the rights of way, easements and access rights
shown on the approved plans in accordance with the schedule established by the Kansas
Department of Transportation. It is agreed the necessary right of way be acquired in
compliance with the Uniform Relocation and Real Property Acquisition Policies Act of
1970 as amended by the Surface Transportation and Uniform Relocation Assistance Act of
1987, and Administrative regulations contained in 49 CFR, Part 24 entitled "Uniform
Relocation and Real Property Acquisition for Federal and Federally Assisted Programs."
The City agrees to contact the Secretary if there will be any displaced person on the project
prior to making the offer for the property. The City agrees to certify to the Secretary, on
forms provided by the Bureau of Traffic Engineering, that such ri�tits of way, easements
and access rights have been acquired. The City agrees that it will have recorded in the
Office of the Register of Deeds all rights of way Deeds, Dedications, Permanent
Easements, Temporary Easements and Appraiser Reports for condemnation of rights of
way.
4. The City agrees that any change in the use of right of way or in the access after
project construction has been accepted will require written approval by the Secretary.
5. The parties hereto agree that the Secretary will provide relocation assistance
for eligible persons as defined in the "Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970" as amended by the Surface Transportation and Uniform
Relocation Assistance Act of 1987, and as provided in 49 CFR, Part 24 entitled "Uniform
Relocation and Real Property Acquisition for Federal and Federally Assisted Programs."
6. The Secretary agrees to let the contract for the project and shall award the
contract to the lowest responsible bidder upon concurrence in the award by the City. The
Secretary further agrees to supervise the construction of the project in accordance with the
approved plans, as required by the Federal Highway Administration, to negotiate with and
report to the Federal Highway Administration and administer the payments due the
contractor, including the portion of the cost borne by the City.
7. The City agrees to provide the construction inspection in accordance with the
rules and guidelines developed for the LPA program.
-2-
No. 6-90
8. The City agrees to deposit with the Secretary its estimated share of the total
project expense based upon estimated approved contract quantities. The City further agrees
to remit its estimated share within thirty (30) days after receipt of the "Authorization to
Award Contract, Commitment of City Funds" resolution from the Secretary.
9. The Secretary agrees that within thirty (30) days after receipt of the Federal
Highway Administration acknowledgement of final voucher claim, the KDOT Controller
willrepare a complete and final billing of all project costs for which the City is
responsible, and shall then transmit said complete and final billing to the City.
10. The City agrees to reimburse the Secretary for ten percent (10%) of the cost of
all construction items in the approved plans plus ten percent (10%) of the cost of all
contingency items. The City further agrees to reimburse the Secretary for ten percent
(10%) of construction engineering expenses. However, if any items are found to be
non -participating by the Federal Highway Administration, the total cost of these items will
be paid for by the City. The City further agrees to make such payment to the Secretary
within thirty (30) days after receipt of a complete and final billing from the KDOT
Controller.
11. 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.
12. The City agrees that it will move or adjust, or cause to be moved or adjusted,
and will be responsible for such removal or adjustment of all existing structures, pole lines,
pipe lines, meters, manholes and other utilities, publicly or privately owned, which may be
necessary to construction of the project in accordance with the approved plans. The City
further agrees that it will pay all costs associated with said removal or adjustment of
utilities. New or existing utilities that have to be installed, moved or adjusted will be located
or relocated in accordance with the Kansas Department of Transportation "Utility
Accommodation Policy, Part Two -Utilities on Primary, Secondary and Urban Highways."
13. The City agrees that it will immediately take such steps as are necessary to
facilitate the early ad)'ustment of utilities and upon notification by the Kansas Department
Of Transportation's District Engineer, will initiate the removal or adjustment of said
utilities and will proceed with reasonable diligence to prosecute this work to completion.
The City further agrees to move or adjust or cause to be moved or adjusted all utilities
before construction is started on the project except those necessary to be adjusted during
construction and those which would disturb the existing street surface, curbs or sidewalks.
The City will, upon notification by the Department's District Engineer, initiate and proceed
to complete adjusting the remaining utilities in order that the contractor shall not be
delayed in constructing the project.
14. The City agrees to furnish the Secretary a list of existing and known utilities
within the right of way, accurate plans and drawings showing the location and nature of such
utilities when requested, together with any proposed adjustments of same and designate an
individual to be responsible for coordinating the necessary removal or adjustment of
utilities and report each month to the Department's District Engineer the progress of the
removal or adjustment on forms furnished by the Secretary.
-3-
No. 6-90
15. The City agrees to certify to the Secretary that all privately owned utilities
occupying public right of way required for the construction of the project are permitted
thereon by franchise, ordinance, agreement or permit and said instrument shall include a
statement as to which party will bear the cost of future adjustments or relocation that may
be required as a result of a street or highway improvements.
16. It is understood that the City and the Secretary shall determine the manner in
which traffic is to be handled during construction. It is therefore agreed between the
parties that before project plans have been 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 plans. If revisions to the traffic handling plan are proposed during the
progress of construction, the City and the Secretary shall approve such revisions in writing
before they become effective.
The City further agrees that the Secretary or his or her authorized
representative may act as its agent with full authority to determine the following:
(a) the dates which said street closings shall commence and terminate
(b) the appropriatet e and location of barricades and signing to be placed on or
about the project fimits to prohibit through traffic
The Secretary or his or her authorized representative shall notify the City of
the determinations made pursuant to this section.
17. The City agrees that when said project is completed and approved that it will,
at its own expense, maintain the project. Maintenance shall include, but not be limited to,
replacing damaged signs and posts, pavement markings and lighting and traffic signal
equipment; repairing damaged pavement, curb and sidewalk; and operating lighting and
traffic sipal installations. The City further agrees to make ample provisions each year for
such maintenance.
18. The City agrees that it will establish and maintain a qualified traffic
engineering unit or provide other means for the proper maintenance and operation of the
project when completed. Failure by the City to fulfill this responsibility will disqualify the
City from future federal -aid participation on projects for which the City would have
maintenance responsibility.
19. 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
public authority, or other agency,ppursuant to this Agreement shall conform to the manual
and specifications adopted under KS.A. 8-2003, and shall be subject to the approval of the
Federal Highway Administration.
20. The City agrees that it will adopt an ordinance requiring the removal of all
encroachments either on or above the limits of the right of way shown on the approved
plans for this project and it will initiate and proceed with diligence to remove or require the
removal of said encroachments. It is further agreed that all such encroachments be
/ removed before the project is advertised for letting(provided, however, that if the
( Secretary is satisfied, with respect to any encroachment, that the physical removal thereof
has been fully provided for between the City and the owner thereof and will be
accomplished within a time sufficiently short to present no hindrance or delay to the
construction of the project, the Secretary may cause the project to be advertised for letting
before such encroachment is fully removed). The City further agrees that it will not in the
-4-
No. 6-90
future permit the erection of gas and fuel dispensing pumps upon the right of way of said
Project and it will require that any gas and fuel dispensmppumps erected, moved or
installed along the project be placed no less than twelve feet � ') back of the right of way
line. 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.
21. The City agrees to assist the Secretary in the evaluation of the effectiveness of
the project with respect to safety. Accident data, traffic volume counts and other pertinent
information will be provided to the Secretary as required to complete the evaluation.
22. The City agrees to control parking of vehicles on the city street throughout the
length of the project covered by this Agreement. On -street parking will be permitted until
such time as parking interferes with the orderly flow of traffic along the street.
23. The City agrees that the arterial characteristics inherent in the project require
uniformity in information and regulations to the end that traffic may safely and
expeditiously be served and shall adopt and enforce such rules and regulations governing
traffic movements as may be deemed necessary or desirable by the Secretary and the
Federal Highway Administration.
24. The City agrees to control the construction or use of any entrances along the
project within the City other than those shown on the approved plans, unless prior written
approval is obtained from the Secretary and the Federal Highway Administration.
25. 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.
26. The City hereby expressly agrees and covenants that they will hold and save
harmless and indemnify 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 contract by the City, the City's employees or subcontractors. The City
shall not be required to indemnify and hold the Secretary harmless for negligent acts of the
Secretary or his or her authorized representatives or employees.
27. Responsibility for damage claims: The contractor shall indemnify and save the
Secretary and the City harmless from and against all liability for damages, cost and expense
arising out of any claun, suit, action, or otherwise for injuries and/or damages sustained to
person or property by reason of the work performed by the contractor, his or her
subcontractor, agents, or employees under this contract.
28. The parties do hereby agree that the "Special Attachment No. 1" attached
hereto, pertainin§, to the implementation of the Civil Rights Act of 1964, and "Special
Attachment No. 2' attached hereto, pertaining to certification by prospective participants as
to current history regarding debarment, eligibility, indictments, convictions, or civil
judgments are hereby made a part of this Agreement.
29. The City agrees to comply with the terms and provisions of 49 CFR Part 29
Debarmen rad ne ci>_ion (LVon-Procurement) and to require its consultants, contractors,
subcontractors and suppliers to comply with the terms of 49 CFR Part 29 and obtain a
certification on said subject matter.
-5-
No. 6-90
30. 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 theparties 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
HORACE B. EDWARDS
Secretary of Transportation
by /,; i/7
(SEAL)
FORM
BY
Special Attachment No. 1
Sheet i of 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 CIVEL RIGHTS ACT OF 1964 AND
REHABILITATION ACT OF 1973
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. 355) and the Regulations of the U.S. Department of
Transportation (49 C.F.R, Part 21, 23 and 27), issued pursuant to such Act, hereby notifies
all contracting parties that, the contracting parties will affirmatively insure that this contract
will be implemented without discrimination on the grounds of race, religion, color, sex, age,
handicap, or national origin, as more specifically set out in the following eight
`Nondiscrimination Clauses'.
CLARIFICATION
Where the term `consultant' appears in the following seven `Nondiscrimination Clauses',
the term `consultant' is understood to include all parties to contracts or agreements with the
Secretary of Transportation of the State of Kansas.
(Revised 4-21-89)
Special Attachment No. 1
Sheet 2 of 3
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's), 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.
(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, sex, age, handicap, 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 em 10 ent practices when the
contract covers a program set forth in Appendix W 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 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, sex, age, handicap, or national origin.
(4) 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 Transportation of the State of Kansas will be
permitted access to the consultants books, records, accounts, other sources of
information, and facilities as may be determined by the Secretary of
Transportation of 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
(5) Employment: The consultant will not discriminate against any employee or
applicant for employment because of race, religion, color, sex, age, handicap,
or national origin.
(Revised 4-21-89)
1
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 contract sanctions as
the Secretary of Transportation of the State of Kansas 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, termination or suspension of the contract, in whole or in
part.
(7) Disadvantaged Business Obligation
(a) Disadvantaged Businesses as defined in the Regulations, shall have the
maximum opportunity to participate in the performance of contracts
financed in whole or in partwith Federal funds under this contract
(b) All necessary and reasonable steps shall be taken in accordance with the
Regulations to ensure that Disadvantaged Businesses have the
ma33mum opportunity to compete for and perform contracts. No
person(s) shall be discriminated against on the basis of race, religion,
color, sex, age, handicap or national origin in the award and
performance of Federally -assisted contracts.
(8) 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 orprocurement 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.
(Revised 4-21-89)
RESOLUTION NUMBER 90-4175
j A RESOLUTION RELATING TO BENEFITS OBTAINABLE BY CITIES
(UNDER THE PROGRAM FOR FEDERAL AND STATE AID ON HIGHWAY
CONSTRUCTION.
BE IT RESOLVED by the Governing Body of the City of Salina,
Kansas:
Ij Section 1. That the Mayor and City Clerk are authorized and directed
i'
ii to execute for and on behalf of the City of Salina, Kansas, Agreement No. 6-90
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 stebd, 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 legislation for the City on the terms and
conditions set forth in such agreement as may be prepared and approved by the
Secretary of Transportation for the improvement of the intersection of Cloud
Street and Ninth Street, in
the City of
Salina
designated as a
city
connecting
link on the State Highway
System and
known
as Project No.
85
U-1298-01,
HES OOOS(181).
Adopted by the Board of Commissioners and signed by the Mayor this
12th day of March, 1990.
ep A. Warner, Mayor
RESOLUTION NUMBER 90-4175
A RESOLUTION RELATING TO BENEFITS OBTAINABLE BY CITIES
UNDER THE PROGRAM FOR FEDERAL AND STATE AID ON HIGHWAY
CONSTRUCTION.
BE IT RESOLVED by the Governing Body of the City of Salina,
Kansas:
Section I. That the Mayor and City Clerk are authorized and directed
'to execute for and on behalf of the City of Salina, Kansas, Agreement No. 6-90
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 legislation for the City on the terms and
conditions set forth in such agreement as may be prepared and approved by the
Secretary of Transportation for the improvement of the intersection of Cloud
Street and Ninth Street, in the City of Salina designated as a city connecting
link on the State Highway System and known as Project No. 85 U-1298-01,
HES OOOS(181).
Adopted by the Board of Commissioners and signed by the Mayor this
12th day of March, 1990.
ep A. Warner, Mayor
[SEAL]
ATTEST:
S w..�
Jacque ne Shiever, City Clerk
STATE OF KANSAS )
) SS
COUNTY OF SALINE )
I, Jacqueline Shiever, City Clerk of the City of Salina, Kansas, do
hereby certify that Resolution Number 90-4175 was adopted by the Board of
Commissioners at its regular meeting on March 12, 1990, and that the above and
foregoing, is a true and correct copy of the original on file in my office.
WITNESS my hand and official seal this 13th day of March, 1990.
[SEAL] J u.1� Sk ww
Jacqu line Shiever, City Clerk