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traffic signal ohio and albertn N 00 711 R co (3) U L U a V/ .a^ N 0 Z 0 a Y ami Cd Q - q LU cr $$4Lrl J w Jo a m 0 Z W Q N C x LL if O O H y Cdd y N1 s W co N co E v Z �Q n N 00 711 R co (3) U L U a o 0 0 Cd N q w $$4Lrl y4 y rn L H y O C7 N1 W p 6 N LL � C � E y m � z aco W C m P4 0 U E -H U Q Li Ln T co m L- 0 rq � r U O L) Z STATE OF KANSAS :Department of Administration Division of Accounts and Reports DA -120T (Rev 12-85) Alignment Form No. .120 VOUCHER Wart No. _ _ Voucher Pla t. Date 5.7-87 Code �, Alignment Number 276 EncumbranceAmount Agency Use Number - Sub -Ago. Fund _. FY Sub -Acct. Pro4 Act. Obit _ _ _—_ og 4200 7 MO _0118 110_' i 468.62 --- - ------ --- - - -- -- -- — --' Update VENDOR INFORMATION I TOTAL —b Address _. _.. _. A&R Use Tex 1 -Fein 4 -Vin, Tax ID ID 2 -Seam No. Only . State Agency or Division CITY W SALItW NAME?'-- M STREET A o im ne CITY, Isa ' ST..ZIP �. azr.sirY --�'_ - 6740.._.: KANSAS DEPARTMENT OF TRANSPORTATION MAIL VOUCHER TO BIRM QV i%SrAL SUVZ= DOMW MZ 0WZCB BUILDIM TMW& BAw" 88812 Date Quantity Unit Description Unit Price Amount BDOT Aro/eat Ab. 8s U-1040.01 City/State A®reeeent Abs, 6#45 Dated Septe®ber 90 1885 bet t of ==nos deposited by the City of Sal tem %hieh are in emosse of Owl city 468.82 share. Total This Voucher $ 466.62 Audited: Coded: ave Approved: Approved: ' officer N charge Buie .,a State Transportation Controller I do hereby certify that the above bill is just, correct, and remains due and unpaid, and that the amount claimed therein is actually due according to law. (Sign here) (Firm Name) By Date 19 AN EQUAL OPPORTUNITY EMPLOYER 1 no nereny cerrny Lunt me wtimn was cunsr wu Lv waw u, under authority of law, and that the amount therein claimed is correct according to such contract and is unpaid. Date Secretary 19 D.O.T. Form No. 424 Organization Roject - ID 1;� 12D Project Activity F D.A. Acct. p 3 & D.O.T. Acct. Object 7 5 & Item ID Amount �a4 Bur./ Area Serial No. Jurie. No. Stage TYce Number 0 so 0 asm i J t u L ... . STATE OF KANSAS Department of Administration division of Accounts and Reports DA -120T (Rev, 12-85) _ - Alignment Form No. 120 S M 1T'K VOUCHER Warrant No. �— Pmnt. - - -Voucher Date Smt�t. .✓ Code ARgament _. Number 276 Encumbrance Number Sub-A{r. Fund FY Sub•Acct. Prog. Act. Obi. Amount Age nay Use — -- -- — It06- '_� 8860 _0li6 — t20 0&U I I �I �I dr Address VENDOR INFORMATION I TOTAL Tex 1 -Fein. 4ViM Tax ID A&R Use ID 2-Sssn. No. Only NAME':; _CIW-C RAIJI�f—'•...- . STREET _P._00_8QX i88 — CITY, - ST -ZIP 88 0740 State Agency or Division KANSAS DEPARTMENT OF TRANSPORTATION MAIL VOUCHER TO �/ya/��'�/�y wOPJJJ /sSM pryC p��ss� galla = as m GNICB BUILAZ gli KAWM OWU Date Quantity Unit Description Unit Price Amount BOOT' i+1 Is" N& 88 U-J"o-W C/tyle"" A------ 0664-0 Doted 804"w 8o low Bsleborum d of imine-: delpoelted by 00 City of Sol In amok ars in dWM of flow cityShows 4M@2 Total This Voucher $ 4MG2 Audited: Coded: Approved: a Approved: Approved: officer in charge R t. ngr. I State Transportation CoatroLLer I do hereby certify that the above bill is just, correct, and remains due and unpaid, and that the amount claimed therein is actually due according to law. (Sign here) (Firm Name) Ey Date 19_ AN EQUAL OPPORTUNITY EMPLOYER 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. Date 19 D.O.T. Form No. 424 Organization Project - ID—o « '� D Project Activity D.A. Acct. it & 7 a1 D.O.T. Acct. Object �' 7 9 03 item ID Amount Dist. Bur) Ana Serial No Juris. No. Stage Type Number Q sii 0 miAO I28 f808 f fB8 V. 1 whi 'KANSAS DEPARTMENT of TRANSPORTATION DOCKING STATE OFFICE BUILDING -TOPEKA, KANSAS 66612-1568 (91 3) 296 - 3566 HORACE B. EDWARDS, Secretary of Transportation MIKE HAYDEN, Governor BUREAU OF FISCAL SERVICES May 13, 1987 KDOT PROJECT NO: 85 U 1040-01 City Clerk City of Salina P. 0. Box 736 Salina, Kansas 67402 Attached you will find a Statement of Final Project Cost for work performed under KDOT Project U-1040-01 and our Agreement MImber 64-85 dated September 9, 1985. The project location is described as: intersection of Ohio Street and Albert Avenue in the City. Rb also enclose State of Kansas %brrant 8467084 in the amount of $468.62 and one copy of the payment voucher which provides for reimbursement to the city for funds deposited in excess of the final project cost. DALE JOST, CHIEF Bureau of Fiscal Services DAVID G. SMI Chief Accountant -Federal Aid DGS:eo Att. cc: Bureau of Traffic Engineering Project File KANSAS DEPARTMENT OF TRANSPORTATION STATEMENT OF FINAL PROJECT COST KDOT PROJECT N0: 85 U-1040-01 HES 4841 (2) Cost of Traffic Signal Installation $52,523.45 Cost of Construction Engineering 31239.08 Total FHWA Participating Project Cost $55,762.53 FHWA Non -Participating Cost 183.99 Total Actual Project Cost $55,946.52 Less FHWA Funds (55,762.53 x 90%) 509186.27 Total City Share $ 5,760.25 Less -City Funds Deposited 6,031.39 Less City Funds Prepaid on Construction Engineering 197.48 Amount Due City $ 468.62 Y N Q Cl) Z d U Q LLJ � JD Z (� w coco LL O U ♦ v U cr — L�- �y. O Z m V >, CD 0 LL ¢ c Z FEB 30 STATE OANS KANSAS VOUCHER Department Administration Warrant No. of Division of Account, and Reports - DA -120T (Rev., 12-86),.. ..,,2nd_ & Final -._.. -.—, nL — pugnment Form No. .1L7O 'Date Z 3 BJ, ,Code { 4 ARgnmeat >.. Number 276 i .... �_f ✓ � :' Encumbrance - Amount �'A`aeac7 Uaa Number Sub -Agra -.Fund -FY Sub•Acet ., Frog.,^Act. Dbl -,.;. _....._v 978487 00 4200 16 9900 f 9911 271- 88.87 _-- - - --- - -- ----- i dma VENDOR INFORMATIONI TOTAL .—.._. _8_8.8_7 Address_ - --- Tar 1 -Fein. 4-ViM Taz ID - A&R Use ID 2-S,am 4 No. 032208503 only i State Agency or Division City of Salina _ KANSAS DEPARTMENT OF TRANSPORTATION NAME _.. .. --. . MAIL VOUCHER TO STREET P.O. Box 746 Bureau of Fiscal Services CITY. Docking State Office Building ST.,ZIP Salina KS . 67402- Topeka, Kansas 66612 Date Quantity Unit Description Unit Price Amount Project No. 85 U-1040-01 HES 4841 (002) Agreement date: 12-19-85 Upper Limit of Compensation not to exceed 3,427.50 Payment No. 2nd & Final Final Payment for force account agreement for Construction Engineering on above project. Total Costs Claimed & Audited 1,974.82 Less City Share as per agreemen Sub Total (10%) 197.48 1,777.34 Less Previous Payments i 1,688.47 88.87 Amount Due KDOT Audit Report Dated 1-15-87 Total This Voucher J$ 88.87 Audited: Coded: Above Approved: Approved: fficer in charge Bureau ChleffDHt. Eng. State Transportation Controller I do hereby certify that the above bill is just, correct, and remains due and unpaid, and that the amount claimed therein is actually due according to law. (Sign here) (Firm Name) Ey I do nereny cermy that me wumn was cmuaacr<u �..... under authority of law, and that the amount therein claimed is correct according to such contract and is unpaid. Secretary Date 19 _ Date 19— AN EQUAL OPPORTUNITY EMPLOYER D.O.T. Form No. 424 N Organization Project - [D Q.a P Project ActWity x,� 8 E D.A. Acct, o �y ,ir o .c a m D.O.T. Acct.Area Object ' 7 5 V aem 1D Amouat Dist. Bur./ Serial No. Sucia. No. Stag. Type Number 0 20 1 000 U I04 01 05 27 9900 9911 400 71.01 98 74 0 20 000 U 104 01 05 27 9900 9911 400 71.99 9 87 C j V k CITY OF SALINA REQUEST FOR COMMISSION ACTION DATE TIME 1/27/1986 4:00 P.M. AGENDA SECTION: Consent ORIGINATING DEPARTMENT: APPROVED FOR NO. 6 City Clerk AGENDA: ITEM NO. 4 By: D. L. Harrison BY: Resolution Number 86-3829 - authorizing the Secretary of Transportation to award the contract for traffic signal installation at Ohio Street and Albert Avenue. This contract was let by the Kansas Department of Transportation and the bid was awarded to Phillips Southern Electric Company, Inc. of Wichita for a total cost of $60,313.88. The City share will be $6,031.39 which will be paid out of Sales Tax money. COMMISSION ACTION MOTION BY SECOND BY TO: It 01 RESOLUTION NUMBER 86-3829 AUTHORITY TO AWARD CCNTRACT CCMMITMENT OF CITY FUNDS Project No 85 U-1040-01 HES-4841(002) City of Salina Saline County WHEREAS, bids were 'received at Topeka, Kansas on December 19, 1985, 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 were: CONTRACTOR ADDRESS TYPE OF WORK AMOUNT Phillips Southern Electric Company, Inc. Traffic Signal 1822 South Mead, Wichita, KS 67211 Installation $52,446.85 WHEREAS, bids are considered satisfactory and have been recommended by Mr. John B. Kemp, as 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: That after due consideration by the Doard of Commissioners, 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. 158 of Bid for Construction Engineering $ 7,867.03 Total Cost $60,313.88 10% of Total $ 6,031.39 BE IT FURTHER RESOLVED that City funds in the amount of $6,031.31 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 Kansa! Department of Transportation on or before March 3, 1986, for use by the Secretary of Transportation of the State of Kansas, in making payments foi construction work and engineering on the above described project. Adopted by the Board of Commissioners and signed by the Mayor thh 27th day of January, 1986. [SEAL) ATTEST: D. L. Harrison, City Clerk Merle A. Hodges, M.D., Mayor RESOLUTION NUMBER 86-3829 AUTHORITY TO AWARD CONTRACT COMMITMENT OF CITY FUNDS Project No 85 U-1040-01 HES-4841( 002 ) City of Safina Saline County WHEREAS, bids were received at Topeka, Kansas on December 19, 1985, 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 were: CONTRACTOR ADDRESS TYPE OF WORK Phillips Southern Electric Company, Inc. Traffic Signal 1822 South Mead, Wichita, KS 67211 Installation AMOUNT $52,446.85 WHEREAS, bids are considered satisfactory and have been recommended by Mr. John B. Kemp, as 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: That after due consideration by the Board of Commissioners, 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. 15% of Bid for Construction Engineering $ 7,867.03 Total Cost $60,313.88 10% of Total $ 6,031.39 BE IT FURTHER RESOLVED that City funds in the amount of $6,031.39 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 March 3, 1986, for use by the Secretary of Transportation of the State of Kansas, in making payments for construction work and engineering on the above described project. Adopted by the Board of Commissioners and signed by the Mayor this 27th day of January, 1986. [SEAL] A,T�T��EST- 1- _ D. L. Harrison, City Clerk Merle A. Hodges, M.D., Mayor STATE OF KANSAS ) ) SS COUNTY OF SALINE ) I, D. L. Harrison, City Clerk of the City of Salina, Kansas, do hereby certify that Resolution Number 85-3829 was adopted by the Board of Commissioners at its regular meeting on January 27, 1986, and that the above and foregoing is a true and correct copy of the original on file in my office. [SEAL] Harrison, City Clerk KANSAS DEPARTMENT of TRANSPORTATION STATE OFFICE BUILDING -TOPEKA, KANSAS 66612 JOHN B. KEMP, Secretary of Transportation Agreement No. 64-85 85 U 1040-01 HES 4841 (002) Traffic Signal Installation City of Salina Saline County D. L. Harrison City Clerk City -County Building 300 West Ash P. O. Box 746 Salina, Kansas 67401 Dear Mr. Harrison: JOHN CARLIN, Governor September 23, 1985 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, Reid, Chief of Traffic Engineering FJR:mj Enclosure cc: Mr. Raymond E. Olson, Chief, Rural and Urban Development w/a ON FEDERAL -AID SYSTEM PROJECT NO. 85 U 1040-01 HES 4841(002) TRAFFIC SIGNAL INSTALLATION CITY OF SALINA, KANSAS. Agreement No. 54-85 AGREEMENT - This agreement, made and entered into this 9-ig day of 19 by and between the City of Q��_ Karpas,herein- after referred to as the City, and the -Secretes 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 traffic signal installation and pavement marking on the federal -aid system at the location described as follows: the Intersection of Ohio Street and Albert Avenue in the City. 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 • No. 64-85 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, pCoceedings, 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. The City further agrees to acquire all of the rights of way, easements and access rights in accordance with state and federal laws and right of way acquisition procedures established by the Secretary, and to certify that acquisition has been completed in accordance with the aforementioned laws and proce- dures. 4. 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. 5. 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 sixty (60) days after receipt of the "Authorization to Award Contract, Committment of City Funds" resolution from the Secretary. 6. 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. - 2 - No. 64-85 7. 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, said expenses not to exceed fifteen (15) percent of total actual construction costs and the City further agrees to reimburse the Secretary for one hundred (100) percent of construction engineering expenses over fifteen (15) percent of total actual construction costs. However, if any items are found to be non -participating by the federal Highway Administra- tion, 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 Control- ler. 8. 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. 9. 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 1 be located or relocated in accordance with the Kansas Department of Transportation "Utility Accommodation Policy, Part Two -Utilities on Primary, Secondary and Urban Highways". 10. 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. 11. 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. 64-85 12. 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. 13. 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'appr_ove such revisions before they become effective. The City further agrees that the Secretary or his or her autho- rized representative may act as it's 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. 14. 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. 15. 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. 16. 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, 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. -4- No. 64-85 17. 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. 18. 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. 19. 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. 20. 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. 21. 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 approval is obtained from the Secretary and the Federal Highway Administration. 22. 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. 23. 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, their 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. -5- No. 64-65 24. 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. 25. The parties do hereby agree that the "Special Attachment" attached hereto, pertaining to theimplementation of the Civil Rights Act of 1964, is hereby made a part of this agreement. . 26.- 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: (SEAL) THE CITY OF SALINA, KANSAS -6- JOHN B. KEMP, P. E. Secretary of Transportation i / FORM \ APPROVED CLERK (SEAL) THE CITY OF SALINA, KANSAS -6- JOHN B. KEMP, P. E. Secretary of Transportation i / FORM \ APPROVED 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), 9504 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, physical handicap, or national origin, as more specifically set out in the following eight 'Nondiscrimination Clauses'. CLARIFICATION Where the tei-m '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. 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: _ a (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, physical handicap, or national origin in the selec- tion 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, physical 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, physical handicap, or rational origin. 1 ' 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, terminat.i�n 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 C' 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 con- tracts. No person(s) shall be discriminated against on the basis of race, religion, color, sex, age, physical 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. KANSAS DEPARTMENT of TRANSPORTATION STATE OFFICE BUILDING -TOPEKA, KANSAS 66612 JOHN B. KEMP, Secretary of Transportation 85 U 1040-01 HES 4841(002) Traffic Signal Installation City of Salina Saline County D. L. Harrison City Clerk City -County Building 300 West Ash P. 0. Box 746 Salina, Kansas 67401 Dear Mr. Harrison: JOHN CARLIN, Governor August 27, 1985 We are transmitting herewith in triplicate a proposed agreement covering the responsibilities of the City and the Department of.Transportation in con- nection 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. In the event that any questions arise in connection with the agreement, please feel free to contact this office. Since ely, Reid, FJR:LLH:mj Chief of Traffic Engineering Enclosure cc: Mr. W. M. Lackey, Director of Operations Mr. Raymond E. Olson, Chief, Rural and Urban Development Mr. R. L. Anderson, District Engineer w/a . / RESOLUTION NUMBER 85-3805 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, 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, Agreement Number 64-85 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 the intersection of Ohio Street and Albert Avenue (traffic signal installation and pavement marking) and known as Project No. 85 U-1040-01. Adopted by the Board of Commissioners and signed by the Mayor this 9th day of September, 1985. [SEAL] ATTEST: D. L. Harrison, City Clerk STATE OF KANSAS ) ' ) SS COUNTY OF SALINE ) Merle A. Hodges, M.D., Mayor I, D. L. Harrison, City Clerk of the City of Salina, Kansas, do hereby certify that Resolution Number 85-3805 was adopted . by the Board of Commissioners at its regular meeting on September 9, 1985, and that the above and foregoing is a true and correct copy of the original on file in my office. [SEAL] Harrison, City Clerk ON FEDERAL -AID SYSTEM PROJECT NO. 85 U 1040-01 HES 4841(002) TRAFFIC SIGNAL INSTALLATION CITY OF SALINA, KANSAS L<r17��i��i Agreement No. 54-85 This agreement, made and entered into this day of , 19 , by and between the City of , Kansas, herein- after referred to as the City, and the Secretary o ransportation 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 traffic signal installation and pavement marking on the federal -aid system at the location described as follows: the Intersection of Ohio Street and Albert Avenue in the City. 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 ' No. 64-85 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 it's 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. The City further agrees to acquire all of the rights of way, easements and access rights in accordance with state and federal laws and right of way acquisition procedures established by the Secretary, and to certify that acquisition has been completed in accordance with the aforementioned laws and proce- dures. 4. 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. 5. 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 sixty (60) days after receipt of the "Authorization to Award Contract, Committment of City Funds" resolution from the Secretary. 6. 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. No. 64-85 7. 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, said expenses not to exceed fifteen (15) percent of total actual construction costs and the City further agrees to reimburse the Secretary for one hundred (100) percent of construction engineering expenses over fifteen (15) percent of total actual construction costs. However, if any items are found to be non -participating by the Federal Highway Administra- tion, 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 Control- ler. B. 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. 9. 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". 10. 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. a 11. 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. No. 64-85 12. 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. 13. 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 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. 14. 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. 15. 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. 16. 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, 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. 4 No. 64-85 17. 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. 18. 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. 19. 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. 20. 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. 21. 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 approval is obtained from the Secretary and the Federal Highway Administration. I 22. 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. 23. 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, their 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. - 5 - (SeA d on °therama9eS a Se,rP'aiiit Og ntnwOf for°st in ndy nd °r da x e 9e m Ott ZS, or mPfoy CIO k Perfo P no, a is hOrmj S' 7i Of 1964ed her, Part is be Under thess - tie �9eng ss °f ar enter?6. It hereby Pert Maofe aies �inhereb oOntracttra for in he Secreta^o UnderUrth a Pa t of thea9ree t st IN M y and the er Under this a lementt th written by Chef ^SfR a City a;;df°17Stb of 'that reeme�ttion At duly t is aotthe hot,. Orties lr Sth�ess reem greet U� 9r rfST, ed of f i elIs to hav s iSh n °ffj on the Cause day �o,, 6 rHf ctry of SAtINq A �UHN Sec,- , dry 01,, a� f. C14 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), 9504 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, physical 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. (4 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, physical handicap, or national origin in the selec- tion and retention of subcontractors, including procurements of materials and leases of equipment. Tne 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, physical 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, physical handicap, or national origin. Special Attachment No. 1 Sheet 3 of 3 (ti) 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, terminat.i-on 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 C: 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 con- tracts. No person(s) shall be discriminated against on the basis of race, religion, color, sex, age, physical 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 suucontract, 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 (00 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.