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traffic signal upgrade 3/7/88T-7 City of Salina P.O. Box 736 Salina, Kansas 67402-0736 025919 12/28/90 RECEIPT NO. 25919 DESCRIPTION AMOUNT ENGINEERING 862.60 PROJT85U-1193-01/HES-0005(164) CHECK NUMBER 0004243407 TOTAL TENDERED RECEIVED FROM: STATE OF KANSAS w ` :MO' DAV YR' STATE OF I 12 -26.90° RECEIVED BY: CC ------------ 862.60 862.60 .00 No. 4243407 10042434,07 "REPARTPlENT,`'OF`TRANSPORTAT:IDN.-- DOCUMENT .. INVOICE NO. DESCRIPTION' ' ; ` , '- '"AMOUNT VOORT,899 sezao / , STATE OF KANSAS Depanmem of Adminisomion Division of Accounts and ReWns DA -120 DOT -2 (Rev. 2-90) PAYMENT VOUCHER 2/& FINAL W.,N.. A6enc No. DF. Na Cu[sent�`pNo. p 276 cv `_�C7, E C 2 90 Document Date: 121990 Effective Date: Due Date: Vendor Information Paying Agency Name & Address Kansas Department of Transportation No / Six 486017999 _ 04 Bureau of Fiscal Services Name Cit -)z of Salina Docking State Office Bldg. 7th Floor — 915 Harrison Topeka, Kansas 66612 street P-0- Beat 736 City Saline State_ Zip 67402 - 0736 Sfx T/c W. Doc. Sfx \f Fund BFY Index PCA Sub-ObjDet Amount of 705 C0980969 O1 F 4200 89 9900 99110 2710 862.60 Invoice No. Desenpa.s. Agency Uae Sfx T2 Ret. Doc. Sfx N Fund tuY hd&x PCA SuIFObj Der Am9un[ 02 Invoice No. Description Agency Use Sfx TIC Ref. one. Sfx NI Fund BFY Index PCA sub j net Amount 03 Invoice No. Description Agency Use S:x TM. c". C^ S:x M Fund BFY Index PCA SutrObj net Amount 04 Invoia No. Description Agency Use Documentioul: 862.60 Date and Invoice No. Quantity Unit Description Unit Price Amount PROJECT 85U-1193-01 HES-0005(164) ENGINEERING AGREEMENT DATE 10-17-88 FINAL RETAINAGE PAYMENT PER AUDIT TOTAL CLAIMED TO DATE 19,168.79 LESS CITY SHARE (10%) 1,916.88 SUBTOTAL 17,251.91 LESS PREVIOUS PAYMENTS 16,389.31 RETAINAGE DUE CITY 862.60 Ibcument Total S' `-'882.60 Audited: Coded: Approved: Approve Approved: / �— jA ditI; u 6 e . En . Shia, Texnsponedon Convolter 1 do hereby certify that the above bill. is just, correct, and remains due and unpaid, and that I de hereby ce fy that the}gjthin 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 correct according to such contract and is unpaid. (Clumam sign hem) (Firm Nave) By Data 19 Rev. 2-90 AN EQUAL OPPORTUNITY EMPLOYER D.O.T. FORM N0.424 Horace B. Edwards Secretary of Transportation STATE OF KANSAS KANSAS DEPARTMENT OF TRANSPORTATION Docking State Office Building Topeka 66612-1568 (913) 296-3566 Bureau of Fiscal Services June 22, 1990 KDOT Project No:: 85U-1193-01 NES 0003(64) City of Salina City—County Building 300 W. Ash P.O. Box 786 Salina, Kansas 67401 Dear Sir: Mike Hayden Governor of Kansas Attached you will find a Statement of Preliminary Project Cost for work performed under our agreement number 2-88 dated February 22, 1988. The location of the project is generally described as: A safety project for intersection improvements of Iron Avenue and Ohio Street in Salina; Ohio Street improvements extend from a point 320 feet South of the centerline of Iron Avenue to a point 315 feet North in Salina, Saline County, Kansas. The attached statement is subject to revision and is not to be construed as being a statement of final cost. A statement of final cost will be prepared at the appropriate time; however, the attached information mayassistyou with your financial planning. Sincerely, Dale Jost, Chief Bureau of Fiscal Services 4��jJLlib-lli By: John Ehmen Chief Accountant — Federal Aid DJ:JE:AC:pdr cc: Bureau of Traffic Engineering Kansas Department of Transportation Preliminary Statement of Project Cost Project No: 85U-1193-01 HES OOOS(164) CONTRACT COST OF GRADING AND BITUMINOUS SURFACING AND TRAFFIC SIGNALS LESS FIELD OFFICE AND LABS TOTAL PARTICIPATING CONTRACT COST ESTIMATED COST OF CONSTRUCTION ENGINEERING BY CITY OF SALINA ESTIMATED COST OF CONSTRUCTION ENGINEERING BY KDOT PLUS FIELD OFFICE AND LABS TOTAL FHWA PARTICIPATING COST OF CONSTRUCTION ENGINEERING TOTAL FHWA PARTICIPATING PROJECT COST NONPARTICIPATING ITEMS: FEDERAL AID BILLING 260,274.86 1,200.00 19,168.79 11,113.45 1,200.00 TOTAL ACTUAL PROJECT COST LESS FEDERAL FUNDS (290,557.10 x 90%) TOTAL ESTIMATED CITY SHARE ESTIMATED CITY PREPAID ON CONSTRUCTION ENGINEERING AGREEMENT (19,168.79-17,251.91) LESS CITY FUNDS DEPOSITED ESTIMATED AMOUNT CITY OWES KDOT 259,074.86 31,482.24 290,557.10 657.02 291,214.12 261,501.39 29,712.73 1,916.88 0.00 27,795.85 City of Salina 04997 P.O. Box 736 Salina, Kansas 67402-0736 RECEIPT NO. 4997 I 11/01/89 DESCRIPTION AMOUNT ENUINLZA-LN" PROJECT #85U-1193-01/HES 0005 CHECK NUMBER 0002279774 16,389.31 ------------ TOTAL 16,389.31 TENDERED 16,389.31 CHANGE .00 [RECEIVED FROM: STATE OF KANSAS RECEIVED BY: CC ORIGINAL RECEIPT "Force Account Agreement" Update %ddres VENDOR INFORMATION DDs21� 4-Vin.1 TN ID o.48 6017228 Aonly 8e TAME City of Salina, Kansas P.O. Box 736 TREET Salina, Kansas CITY. 67402-0736 T.•2IP 8294 Agency Use TOTAL —> $16,389.31 State Agency or Division KANSAS DEPARTMENT OF TRANSPORTATION MAIL VOUCHER TO Randy H. West, P.E. Area Engineer Box 857 Salina, KS 67402-0857 Date Quantity Unit Description Unit Price Amount t ,partm`ent of KANSAS rXV anist�!'ipor / VOUCHER OCT 2 7 �89warrant No. sio.oentconts Sion of Accounts and Reports J DA -120T (Rev. 12-85) f _ c Voucher Alignment Form No. 1220 Date 10-18-89 Code2 Alignment Number 276 Encumbrance Federal Share Requests % 0. 0 Number Sub-Asy. Fund FY Sub -Acct. Pro& Act. Obl. Amount 980969 00 4200 9 9900 9911 271 $16,389.31 "Force Account Agreement" Update %ddres VENDOR INFORMATION DDs21� 4-Vin.1 TN ID o.48 6017228 Aonly 8e TAME City of Salina, Kansas P.O. Box 736 TREET Salina, Kansas CITY. 67402-0736 T.•2IP 8294 Agency Use TOTAL —> $16,389.31 State Agency or Division KANSAS DEPARTMENT OF TRANSPORTATION MAIL VOUCHER TO Randy H. West, P.E. Area Engineer Box 857 Salina, KS 67402-0857 Date Quantity Unit Description Unit Price Amount Project No. 85U-1193-01/HES 0005 (164) County Saline Engineering Agreement Date 10-17-88 Total Compensation not to Exceed $19,173.38 Previously Earned T 0.00 Federal Share Requests % 0. 0 Previous Payment (95%) 0.00 Total Claimed to Date $19,168.79 Federal Share Requested 0% 17,251.91 Less: 5% Audit Retainage 862.60 Sub Total16,38 .31 Less: Previous Payments 00 Amount Due Vendor$16,389.31 $16,389.31 Refer to attached Detailed Itemized Statement of amount being claimed. Payment #1.3 Total This Voucher Audited: Coded: Approved• Randy H. West P.E. A.E. officer i� charge{ Ap ove :' ur u h e c Approved: State Transportation Controller I do hereby certify that the above bill is just, correct, and remains ue and unpaid, and that the amount claimed therein is actually due :cording to law. I do hereby certify that the within was contracted for the State, under authority of law, and that the amount therein claimed is correct according to such contract and is unpaid. (Sign here) City of Salina (pYrm Name) O By _ /�is Secretary ite October 16, 19 89 Date 19 .N EQUAL OPPORTUNITY EMPLOYER D.O.T. Form No. 424 - r � � Organization Project - ID P Project Activity F D. A, Acct, o o a.. H D.O.T. Acct. Object 5 Item ID Amount Dist. Bur.) Arca Serial No. Juria. No. Stage Tyt,c Number 2 08 110 1 U 1193 01 57 27 9900 9911 5400 271,.Ol 18,21C .34 2 08 110 U 1193 01 57 27 9900 99115400. 71.9 (Credit Card) 1 821.03 Attachment to DOT 424 Form Force Account Claim Detailed Itemized Statement of Amount being Claimed by LPA (City of Salina) Date: 10-16-89 Project No.: 85U-1193-Ol/HES-0005 1 4 For Services from: 2-6-8 t rou h 9-13-89 Billing Statement No.: 1 ina Labor _ -- - - Name Title Class Hours Rate Amount B. Hummel Sr. Eng. 1,Reg. ,;,,,,. „231 „,,,,,@, $13.25 = $ 3,060.75 Technician - R. Bourbina ' Eng. Aide Reg. 700 @ 9.17 = 6,419.00' D. Klanke Eng. Aide Reg. 59 @ 9.17 = 541.03 Salary Totals: $10,020.78 Fringe Benefits: B. Hummel 25% x $3,060.75 = $ 765.19 R. Bourbina 29% x 6,419.00 = 1,861.51 D: Klanke 22% x 541.03 = 1.19.03, Fringe Totals: _ $ 2,745.73 Direct Expenses - Mileage (1,000 @ $0.220): _. V 220.00 Survey Supplies, etc.: _ $ 100.00 Testing Laboratory (Geotechnical Services, Inc.): _ $ 6,082.28 Direct Exp. Total: _ $ 6,402.28 Total Cost being Claimed: _ $19,168.79 Federal Share Requested (90%): _ $17,251.91 Less 5% Retainage: _ $ 862.60 Total this Voucher: $16,389.31 STATE OF KANSAS KANSAS DEPARTMENT OF TRANSPORTATION Docking State Office Building Topeka 66612-1568 (913) 296-3566 Horace B. Edwards February 9, 1988 Mike Hayden Secretary of Transportation Governor of Kansas 85 U 1193-01 HES OOOS(164) Traffic Signal Upgrade Geometric Improvements City of Salina Saline County D. L. Harrison City Clerk/Director of Finance City -County Building 300 West Ash Salina, Kansas 67401 Dear Mr. Harrison: We are transmitting herewith in triplicate a proposed agreement covering the responsibilities of the City and the Department of Transportation in connection with the above referenced project. Will you please handle these forms with the governing body for their review and action. If the proposed agreement is satisfactory, the original and one copy should be executed on the part of the City and returned to this office for our further handling with the Secretary of Transportation. The third copy may be retained in your file for reference pending receipt of your fully executed copy. Your attention is called to statements in the agreement concerning implementation of the Civil Rights Act of 1964 as it pertains to all parties to contracts or agreements. In connection with executing the agreement the City will no doubt find it necessary to pass a resolution authorizing the Mayor and City Clerk to execute the agreement. For your convenience, we are enclosing one copy of a typical resolution frequently used by cities on similar projects. We should be furnished a certified copy of such resolution as the City adopts in order to complete our files for the project. Page - 2 - D. L. Harrison February 91 1988 In the event that any questions arise in connection with the agreement, please feel free to contact this office. Since i E. .ief of Traffic Engineering FJR:RWH:mj Enclosure cc: Mr. James D. Jones, Director of Operations Mr. Larry Emig, chief, Rural and Urban Development Mr. W. A. Legge, District Engineer w/a CITY OF SALINA REQUEST FOR COMMISSION ACTION DATE TIME 2/22/88 4:00 P.m. AGENDA SECTION: Consent. ORIGINATING DEPARTMENT: APPROVED FOR NO. 6 AGENDA: STEM Engineering N0. 4 BY: Dean Boyer BY:}!� This is a proposed agreement covering the responsibilities of the City and the Department of Transportation in connection with the Iron Avenue and Ohio Street Intersection Project. This agreement basically gives the Department of Transportation the authority to act in our behalf in obtaining and dispensing with Federal funds. Resolution # 88-3958 should be passed approving the Mayor and City Clerk to sign these agreements. COMMISSION ACTION MOTION BY SECOND BY TO: RESOLUTION NUMBER 88-3958 A RESOLUTION RELATING TO BENEFITS OBTAINABLE BY CITIES UNDER THE PROGRAM FOR FEDERAL AID ON HIGHWAY CONSTRUCTION. Kansas: BE IT RESOLVED by the Governing Body of the City of Salina, Section 1. That the Mayor and City Clerk are authorized and directec to execute for and on behalf of the City of Salina, Kansas, Agreement Number 2-88 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 suchlegislation 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 Ohio Street Safety project for intersection Improvements on federal aid system at intersection of Iron Avenue and Ohio Street in City; Ohio Street Improvements extend from a point 320 feet south of centerline of Iron Avenue to a point 315 feet north designated as a city connecting link on the State Highway System and known as Project Number 85 U 1193-01, HES 0005(164). Adopted by the Board of Commissioners and signed by the Mayor this ,22nd day of February, 1988. Stephen C. Ryan, Mayor [SEAL] ATTEST: Robert K. Biles, City Clerk ON FEDERAL -AID SYSTEM PROJECT NO. 85 U 1193-01 HES OOOS(164) TRAFFIC SIGNAL UPGRADE GEOMETRIC IMPROVEMENTS CITY OF SALINA, KANSAS AGREEMENT Agreement No. 2-88 This agreement, made and entered into this day of , 19 , by and between the City of Salina, Kansas, hereinafter referred to as tFe City, and the Secretary 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 i 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 intersection improvements on the federal -aid system at the location described as follows: The intersection of Street improvements centerline of Iron Iron Avenue and Ohio extend from a point venue to a point 315 Street in the City; Ohio 320 feet south of the feet north, and WHEREAS, the Secretary and the City desire to enter into an agreement covering the project, and WHEREAS, the City desires federal participation for implementation of the project, and ILI WHEREAS, it is to the best Interest of the inhabitants of the City that the project be completed and maintained on the project location. 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 project 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 herein- after 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 individ- ual corporate capacity instead of by its agent. 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 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 25 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 Rural and Urban Development, that such rights 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 reloca- tion 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 25 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 No. 2-88 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 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. 8. The Secretary agrees that within thirty (30) days after receipt of the Federal Highway Administration acknowledgement of final voucher claim, the KDOT Controller will prepare 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. 9. The City agrees to reimburse the Secretary for ten (10) percent of the cost of all construction items in the approved plans plus ten (10) percent of the cost of all contingency items. The City further agrees to reimburse the Secretary for ten (10) percent 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. 10. 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 permit- ted by the City without such approval. 11. 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 construc- tion 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". 12. The City agrees that it will immediately take such steps as are necessary to facilitate the early adjustment of utilities and upon notifi- cation 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. - 3 - No. 2-88 13. 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. 14. 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. 15. 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 autho- rized 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 appropriate type and location of barricades and signing to be placed on or about the project limits to prohibit through traffic The Secretary or his or her authorized representative shall notify the City of the determinations made pursuant to this section. 16. 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 signal installations. The City further agrees to make ample provisions each year for such maintenance. 17. 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. _a_ t 18. 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, pursuant to this agreement shall conform to the manual and specifications adopted under K.S.A. 8-2003, and shall be subject to the approval of the Federal Highway Administration. 19. 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 encroach- ments. 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 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 dispensing pumps 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. 20. 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. 21. 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. 22. 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 Administra- tion. 23. 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. 24. The City agrees to adopt all necessary ordinances and/or resolu- tions and to take such legal steps as may be required to give full effect to the terms of this agreement. No. 2-88 25. The City hereby expressly agrees and covenants that they will hold and save harmless and indemnify the Secretary and his or her autho- rized representatives from any and all costs, liabilities, expenses, suits, judgments, damages to persons or property or claims of any nature whatso- ever 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. 26. Responsibility for damage claims: The and save the Secretary and the City harmless fro for damages, cost and expense arising out of otherwise for injuries and/or damages sustained reason of the work performed by the contractor agents, or employees under this contract. contractor shall indemnify m and against all liability any claim, suit, action, or to person or property by , his or her subcontractor, 27. The parties do hereby agree that the "Special Attachment" attached hereto, pertaining to the implementation of the Civil Rights Act of 1964, is hereby made a part of this agreement. 28. It is further understood that this agreement and all contracts entered into under the provisions of this agreement shall be binding upon the Secretary and the City and their successors in office. IN WITNESS WHEREOF the parties hereto have caused this agreement to be signed by their duly authorized officers on the day and year first above written. ATTEST: CITY CLERK (SEAL) by - 6 - THE CITY OF SALINA, KANSAS MAYOR HORACE B. EDWARDS Secretary of Transportation FORM BY Special Attachment No. 1 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), 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 con— tracting parties will affirmatively insure that this contract will be implement— ed 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 con— tracts or agreements with the Secretary of Transportation of the State of Kansas. Revised 8/27/86 F Li 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 'consul- tant'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. Depart- ment 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 employment practices when the contract covers a program set forth in Appendix B of the Regula- tions. (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 consul - taut 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 consul- tant 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 8/27/85 r Special Attachment No. I Sheet 3 of 3 (6) Sanctions for Noncompliance: [n the event of the consultant's noncom— pliance 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 provi— sions 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 subcon— tractor 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 8/27/86 RESOLUTION NUMBER 88-3958 A RESOLUTION RELATING TO BENEFITS OBTAINABLE BY CITIES UNDER THE PROGRAM FOR FEDERAL AND STATE AID ON HIGHWAY CONSTRUC?ION 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. 2-88 between the City and the Kansas Cepartment 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 Ohio St. Safety Project for intersection imProvements on federal aid project description system at intersection of Iron Ave. and Ohio St. in City; Ohio St. improvements extend from a point 320 ft. south of centerline of Iron Ave. {.V 6 LJV &96 0 LL. 11W&611. designated as a city connecting )ink on the State Highway System and known as Project No. 85 U 1193-O1,,HES OOOS(164) Passed by the JX-4yP 44)(Cowlssion) this �� day of Fps 19M (Approved)(Signed) AAA , Mayor rA (SEAL) ATTEST: v City Clark STATE OF KANSAS KANSAS DEPARTMENT OF TRANSPORTATION Docking State Office Building Topeka 66612-1568 (913) 296-3566 Horace B. Edwards March 16, 1988 Mike Hayden Secretary of Transportation Governor of Kansas Agreement No. 2-88 85 U 1193-01 HES OOOS(164) Traffic Signal Upgrade Geometric Improvements City of Salina Saline County D. L. Harrison City Clerk/Director of Finance City -County Building 300 West Ash Salina, Kansas 67401 Dear Mr. Harrison: 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. Very trull/P oy yours, mdwG W. ia Cleve H. Blair, P. E. Assistant Chief, Traffic Engineering CHB:mj Enclosure cc: Mr. Larry Emig, Chief, Rural and Urban Development w/a ON FEDERAL -AID SYSTEM PROJECT NO. 85 U 1193-01 HES OOOS(164) TRAFFIC SIGNAL UPGRADE GEOMETRIC IMPROVEMENTS CITY OF SALINA, KANSAS AGREEMENT Agreement No. 2-88 This agreement, made and entered into thisday of,� 19U, by and between the City of Salina, Kansas, hereinafter referre to as t e City, and the Secretary 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 intersection improvements on the federal -aid system at the location described as follows: The intersection of Iron Avenue and Ohio Street in the City; Ohio Street improvements extend from a point 320 feet south of the centerline of Iron Avenue to a point 315 feet north, and WHEREAS, the Secretary and the City desire to enter into an agreement covering the project, and WHEREAS, the City desires federal participation for implementation of the project, and V, No. 2-88 WHEREAS, it is to the best interest of the inhabitants of the City that the project be completed and maintained on the project location. 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 project 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 herein- after 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 individ- ual corporate capacity instead of by its agent. 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 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 25 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 Rural and Urban Development, that such rights 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 reloca- tion 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 25 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 - 2 - No. 2-88 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 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. 8. The Secretary agrees that within thirty (30) days after receipt of the Federal Highway Administration acknowledgement of final voucher claim, the KDOT Controller will prepare 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. 9. The City agrees to reimburse the Secretary for ten (10) percent of the cost of all construction items in the approved plans plus ten (10) percent of the cost of all contingency items. The City further agrees to reimburse the Secretary for ten (10) percent 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. 10. 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 permit- ted by the City without such approval. 11. 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 construc- tion 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". 12. The City agrees that it will immediately take such steps as are necessary to facilitate the early adjustment of utilities and upon notifi- cation 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. - 3 - No. 2-88 13. 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. 14. 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. 15. 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 autho- rized 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 appropriate type and to be placed on or about through traffic location of barricades and signing the project limits to prohibit The Secretary or his.or her authorized representative shall notify the City of the determinations made pursuant to this section. 16. 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 signal installations. The City further agrees to make ample provisions each year for such maintenance. 17. 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. - 4 - No. 2-88 18. 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, pursuant to this agreement shall conform to the manual and specifications adopted under K.S.A. 8-2003, and shall be subject to the approval of the Federal Highway Administration. 19. 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 encroach- ments. 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 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 dispensing pumps 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. 20. 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. 21. 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. 22. 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 Administra- tion. 23. 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. 24. The City agrees to adopt all necessary ordinances and/or resolu- tions and to take such legal steps as may be required to give full effect to the terms of this agreement. - 5 - No. 2-88 25. The City hereby expressly agrees and covenants that they will hold and save harmless and indemnify the Secretary and his or her autho- rized representatives from any and all costs, liabilities, expenses, suits, judgments, damages to persons or property or claims of any nature whatso- ever 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. 26. 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 claim, 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. 27. The parties do hereby agree that the "Special Attachment" attached hereto, pertaining to the implementation of the Civil Rights Act of 1964, is hereby made a part of this agreement. 28. It is further understood that this agreement and all contracts entered into under the provisions of this agreement shall be binding upon the Secretary and the City and their successors in office. IN WITNESS WHEREOF the parties hereto have caused this agreement to be signed by their duly authorized officers on the day and year first above written. ATTEST: THE'CITY OF SALINA, KANSAS U. HORACE B. EDWARDS (SEAL) Secretary of Transportation / FORM APPROV$D - 6 - =� Special Attachment No. I 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 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), 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 con- tracting parties will affirmatively insure that this contract will be implement- ed 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 con- tracts or agreements with the Secretary of Transportation of the State of Kansas. Revised 8/27/86 Special Attachment No. I 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 'consul- tant'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. Depart- ment 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 employment practices when the contract covers a program set forth in Appendix B of the Regula- tions. (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 consul- tant 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 Stare of Kansas to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a consul- tant 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 8/27/86 y 'W i Special Attachment No. 1 Sheet 3 of 3 (6) Sanctions for Noncompliance: In the event of the consultant's noncom- pliance 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 provi- sions 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 subcon- tractor 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 8/27/86 0—, 0 RESOLUTION NUMBER 88-3958 A RESOLUTION RELATING TO BENEFITS OBTAINABLE BY CITIES UNDER THE PROGRAM FOR FEDERAL AID ON HIGHWAY CONSTRUCTION. Kansas: BE IT RESOLVED by the Governing Body of the City of Salina, Section 1. That the Mayor and City Clerk are authorized and directed to execute for and on behalf of the City of Salina, Kansas, Agreement Number 2-88 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 Ohio Street Safety project for intersection Improvements on federal aid system at intersection of Iron Avenue and Ohio Street in City; Ohio Street improvements extend from a point 320 feet south of centerline of Iron Avenue to a point 315 feet north designated as a city connecting link on the State Highway System and known as Project Number 85 U 1193-01, HES OOOS(164). Adopted by the Board of Commissioners and signed by the Mayor this 22nd day of February, 1988. Stephen C. Rya Mayor [SEAL] ATTEST: Robert K. Biles, City Clerk STATE OF KANSAS ) ) SS COUNTY OF SALINE ) I, Robert K. Biles, City Clerk of the City of Salina, Kansas, do hereby certify that Resolution Number 88-3958 was adopted by the Board of Commissioners at its regular meeting on February 22, 1988, and that the above and foregoing is a true and correct copy of the original on file in my office. [SEAL] t o ert K. Wes, y Clerk