iron bridge iowa -marymountRESOLUTION NUMBER 87-3973
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE SUPPLEMENTAL AGREEMENT NUMBER 1 FOR A CONTRACT FOR
FEDERAL -AID ON ROAD CONSTRUCTION RELATING TO PROJECT 85 U-0832-01
WHICH MODIFIES THE ORIGINAL AGREEMENT DATED NOVEMBER 7, 1984
BETWEEN KANSAS DEPARTMENT OF TRANSPORTATION, THE CITY OF SALINA,
AND WILSON AND COMPANY RELATING TO CONSTRUCTION ENGINEERING
SERVICES ON THE IRON AVENUE BRIDGE AT FOURTH STREET.
Kansas:
BE IT RESOLVED by the Governing Body of the City of Salina,
Section 1. That the Mayor and City Clerk of the City of Salina are
hereby authorized to execute Supplemental Agreement Number 1 for a contract
for Federal -aid on road construction relating to Project 85 U-0832-01 which
modifies the original agreement dated November 7, 1984 between Kansas
Department of Transportation, the City of Salina, and Wilson and Company
relating to construction engineering services on the Iron Avenue Bridge at
Fourth Street.
Adopted by the Board of Commissioners and signed by the Mayor this
9th day of May, 1988.
Sydney Soderb rg, 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 88-3973 was adopted by the Board of
Commissioners at its regular meeting on May 9, 1988, and that the above and
foregoing is a true and correct copy of the original on file in my office.
[SEAL]
Ro ert I . i es, My -clerk
!w,
.• iioraa
.�epartmext .Q� •�raHeportation
January E; ,1986
OS U-4833-01
City of Salina
Saline County
Mr. Dean Boyar, P.E;
CityEngineerts Office
City. -:Co. Building
300 M. Ash, P.O.. 8tfx
146
5alltia, Kansas 67.401
Dear Mr. Boyers
This w ll-icknowledge,
race Ipt. of�your City!slarraiit• Num*r' 53714 in the-
amount of.$133;427.'00
4ich covers the City's Estimated Share for grading
and bridge on the above• noted Pftj*4t..
This warrant: has .been.trwu
mitted to our Bureau.df Management Services.'. .
Very,'truly your$,
RAYMOND E..OLSON, P.A.-
.R:Chief
Chiefof Rural and :DeVelopment
/Urban
BY: �•G�F�ot�
-,
Vernon L. Rverhart, P.B.•
Pagremi Engineer
REO;V6Etldtt
��o
or, ity clerk
RESOLUTION NUMBER 85-3816
AUTHORITY TO AWARD CONTRACT
COMMITMENT OF CITY FUNDS
Project No 85 U-0833-01
(Formerly BHM 4832 (003) Date: November 4, 1985
Saline County; City of Salina
WHEREAS, bids were received at Topeka, Kansas on October 17, 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
Beatrice Const. Co., Inc. Beatrice, NE Br. Sta. 16+67.5 $615,910.20
WHEREAS, bids are considered satisfactory and have been
recommended by the Secretary of Transportation of the State of Kansas,
hereinafter referred to as the SECRETARY, 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 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.
An estimated 20% of Bid plus 8.3%
for engineering and contingencies $ 133,427
Credits or Deficits $ 0*
BE IT FURTHER RESOLVED that city funds in the amount of $133,427
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 Secretary of
Transportation of the State of Kansas on or before November 29, 1985, for use
by the SECRETARY in making payments for construction work and engineering
on the above described project.
*(Credits or Deficits have been accumulated due to underruns or overruns on
previously completed projects, non -participating costs, or due to advance or
delinquent remittances by the City.)
Adopted by the Board of Commissioners and signed by the Mayor this
18th day of November, 1985.
Recommended for Approval:
c. --
Dean Boyer, City Engineer /7/->� f r r'7
Merle A. Hodges, M.D., Mayor
[SEAL]
ATTEST:
D. L. Harrison, City Clerk
=I
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 85-3816 was adopted by the Board of
Commissioners at its regular meeting on November 18, 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
KANSAS DEPARTMENT OF TRANSPORTATION
STATE OFFICE BUILDING -TOPEKA. KANSAS 66612
JOHN B. KEMP, Secretary of Transportation JOHN CARLIN, Governor
November 4, 1985
Project No. 85 U-0833-01
City of Salina
Saline County
Mr. Don Hoff, P.E.
Asst. City Engineer
P. 0. Box 746
Salina, Kansas 67401
Dear Si r:
a�^ °^ar
eq
A copy marked "City's Original" of the Agreement(s) for your Consultant to
perform construction engineering services on the above noted project(s) has been
fully executed and is attached for your records. The "Notice to Proceed" letter
authorizing the Consultant to begin accumulating charges to the project(s) will
be issued by KDOT's Field Engineer. This letter will be sent, as per terms of
the Agreement, as soon as possible after the October 17, 1985 Letting when it
has been determined by the State Transportation Engineer that a contractor's
bid can be accepted.
We suggest that you contact the Field Engineer noted on page 5 of the
Special Attachment - Specific Construction Provisions, if you have any ques-
tions regarding services that are to be performed by the Agreement(s).
If you have other questions or we may be of further assistance, please con-
tact this office.
Sincerely,
RAYMOND E. OLSON, P.E.
Chief of Rural and Urban Development
BY:
L ry mi%
s't. Chief off Rural and
REO:LWE:JRC:rac Urban Development
Encl.
KANSAS DEPARTMENT of TRANSPORTATION
STATE OFFICE BUILDING -TOPEKA. KANSAS 66612
JOHN B. KEMP, Secretary of Transportation JOHN CARLIN, Governor
November 4, 1985
Project No. 85 U-0833-01
City of Salina
Saline County
Mr. Kenneth White
White, Hunsley & Assoc.
Rural Route #4, Box 26
Salina, Kansas 67401
Dear Sir:
A copy marked "Consultant's Original" of the Agreement(s) for you to
perform construction engineering services on the above noted project(s) has been
fully executed and is attached for your records. The "Notice to Proceed" letter
authorizing you to begin accumulating charges to the project(s) will be issued
to you by KDOT's Field Engineer. This letter will be sent, as per terms of the
Agreement, as soon as possible after the October 17, 1985 Letting when it has
been determined by the State Transportation Engineer that a contractor's bid can
be accepted.
Enclosed for your convenience, is a copy of an example of a DOT 424 Form
that should be followed when submitting your voucher for services completed to
the assigned construction office. Blank forms may be obtained from the KDOT Area
Engineer or construction office.
We suggest that you contact the Field Engineer noted on page 5 of the
Special Attachment - Specific Construction Provisions, as soon as possible in
order for your project engineer/project manager to resolve and discuss the
sequence of services that are to be performed by this Agreement(s).
If you have other questions or we may be of any assistance, please notify
this office.
Sincerely,
RAYMOND E. OLSON, P.E.
Chief of Rural and Urban Development
BY:
,,,Wry W. Emig,.E,
s't. Chief of Rural and
REO:LWE:JRC:rac Urban Development
Encl.
cc: Mr. Dean Boyer, P.E., Salina City Engineer
CONTRACT FOR C; �y S it i9 ho a I
FEDERAL -AID ROAD CONSTRUCTION
ENGINEERING BY CONSULTANT
(COST PLUS NET FEE AGREEMENT)
PROJECT NO. 85 U-0833-01
CITY OF SALINA
SALINE COUNTY
THIS AGREEMENT entered into thiso?'/y of�199,!5by and
between the City of Salina, hereinafter referred to as t� (Locai Public
Authority), as principal, and the consulting engineering firm of White, Hunsley
& Assoc. and BG Consultants, Inc. (A Joint Venture), hereinafter called the
"Consultant", and the Secretary of Transportation of the State of Kansas acting
by and through the Kansas Department of Transportation, hereinafter referred to
as the "Secretary". The Secretary acts as agent for the LPA pursuant to author-
ity vested in K.S.A. 68-402b and K.S.A. 68-401 et seq and an agreement between
them dated July 22, 1985. The Consultant's address is Rural Route #4, Box 26,
Salina, Kansas 67401 and 206 South Wind Place, Manhattan, Kansas 66502.
WITNESSETH:
WHEREAS, the FEDERAL GOVERNMENT through its Department of Transportation
and the FHWA, pursuant to Title 23, U.S. Code, has established a program of
Federal -Aid to the States designated as the Federal -Aid Program, with a general
purpose to increase the safety and capacity of roads in the United States, and
WHEREAS, the LPA desires to accomplish this Federal -Aid "Project", consist-
ing of 0.094 miles of Grading and Bridge; Iron Avenue over Smoky Hill River,
with the aid of Bridge Replacement funds provided under The Surface Transpor-
tation Assistance Act of 1978, Title 23, U.S. Code, Highways, and all amendments
thereto and the rules and regulations promulgated by said U.S. Department of
Transportation, in the Federal -Aid Highway Program Manual, and
WHEREAS, the LPA has not sufficient qualified engineering employees to
accomplish the Construction Engineering Services on this Project within a
reasonable time and the LPA deems it advisable and is desirous of engaging the
professional services and assistance of a qualified consulting engineering firm
to do the necessary construction engineering, and
WHEREAS, the Consultant has represented and by entering into this Agreement
now represents, that it is in full compliance with the statutes of the State of
Kansas for registration of professional engineers and that all personnel to be
assigned to perform the services required under this Agreement are fully
qualified to perform the services in a competent and professional manner, and
WHEREAS, the Consultant has indicated that it desires to perform the
services set forth in the Agreement upon the terms and conditions set forth
below, and
WHEREAS, the approved plans and specifications for said Project are avail-
able in the KDOT Headquarters in Topeka, and
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WHEREAS, the LPA, Consultant, and the Secretary desire to set forth in this
instrument their understanding and agreements relating to the construction
engineering and allocation of costs for the said Project.
NOW, THEREFORE, in consideration of the covenants of the parties and to
give this agreement full force and effect in providing the benefits hereinbefore
mentioned, the parties hereto mutually agree as follows:
I. SCOPE OF SERVICES
A. DEFINITIONS
(1) The term "LPA" shall mean the City/County and its authoriz-
ed employees.
(2) The term "KDOT" shall mean the Kansas Department of
Transportation and its authorized representatives.
(3) The term "Consultant" shall mean the Consulting Engineering
Firm and its authorized employees that will be performing
the work required under this Agreement.
(4) The term "FHWA" shall mean the Federal Highway Administra-
tion and its authorized representatives.
(5) The term "Contractor" shall mean the individual, partner-
ship, joint ventures, corporation, or agency undertaking
the performance of the work designated under the terms of
the construction contract.
(6) The term "Specifications" shall mean the current Standard
Specifications for Road and Bridge Construction of the
Kansas Department of Transportation, as incorporated in the
construction contract specifications and supplementals
thereto.
(7) The term "Construction Contract Proposal" shall mean the
offer of the bidder or contractor on the Project, on the
prescribed form, to perform the work and to furnish the
labor and materials at the prices quoted.
(8) The term "Special Provisions" shall mean the directions or
requirements peculiar to a project and not otherwise
thoroughly or satisfactorily included in the Specifica-
tions, and which are contained in the Construction•Contract
Proposal.
(9) The term "Plans" shall mean the approved plans, profiles,
typical cross sections, working drawings and supplemental
drawings, or exact reproductions thereof, which show the
location, character, dimensions, and details of the work to
be done by the contractor.
(10) The term "Contract Documents" shall mean the Specifica-
tions Construction Contract Proposal, Special Provisions
and Pfans, as defined above.
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(11) The term "Manual" shall mean the Construction Manual, the
Forms and Documentation Manual and all other publications
of data and information produced by the KDOT for the
instruction of its employees and furnished in bound or
collected form.
(12) The term "Field Engineer" shall for the administrative
control of this Agreement be considered to mean Metro
Engineer, Field Engineering Administrator and/or Area
Engineer.
B. GENERAL RESPONSIBILITIES AND DUTIES
(1) The Consultant shall perform engineering services necessary
and incidental to the accomplishment of the Project to the
satisfaction of KDOT, and as more fully detailed in Special
Attachment - Specific Construction Provisions.
(2) The Consultant shall furnish services, labor, materials,
equipment, supplies and incidentals, other than those
hereinafter designated to be furnished by the KDOT,
necessary to conduct and complete the services.
(3) The services performed under this Agreement shall at all
times be subject to the review and approval of the KDOT and
shall be under the direction and control of its authorized
representative.
(4) The Consultant and/or LPA's principal contact with the KDOT
shall be with the construction field office.
(5) The services performed under this Agreement shall comply
with all applicable federal and state laws and regula-
tions.
(6) The FHWA shall have the right to participate in all
conferences and reviews.
(7) Compliance with all of the foregoing shall be considered to
be within the purview of this Agreement and shall not
constitute a basis for additional or extra compensation.
C. CONTROL AND AUTHORITY
(1) The authorized representative of the KDOT will be designat-
ed by the District's Construction Engineer and will be
titled the Field Engineer.
(2) The Field Engineer will delegate to a construction office
the overseeing of the Project where a Construction
Engineer/Construction Coordinator will be assigned to
monitor and coordinate all Project related activity to
assure compliance with applicable Federal and State
3-
requirements of services performed under this Agreement and
all construction activities performed under the Contract
Documents.
(3) The Consultant will designate a Project Engineer/Project
Manager and other inspection personnel to inspect all work
done and material furnished. Such inspection may extend to
all or any part of the work and to the preparation of the
materials to be used. The Project Engineer/Project Manager
is not authorized to alter or waive the provisions of the
Specifications or the Construction Contract Proposal. The
Project Engineer/Project Manager is not authorized to issue
instructions contrary to the Plans and Specifications, or
to act as foreman for the Contractor, however, the Project
Engineer/Project Manager shall have the authority to reject
work or materials until any questions at issue can be
referred to and be decided by the Field Engineer.
(4) The Project Engineer/Project Manager shall serve as field
supervisor of all Consultant personnel and services
performed under this Agreement, and to act as liaison
between the Consultant and the KDOT.
(5) The Project Engineer/Project Manager shall transmit all
reports and paperwork to, and communicate and coordinate
with the Construction Engineer/Construction Coordinator.
(6) Orders or instructions issued by the Field Engineer will be
transmitted through the Construction Engineer/Construction
Coordinator and will in turn be transmitted through the
Project Engineer/Project Manager to the Contractor. If in
the absence of the Project Engineer/Project Manager a
matter needs prompt attention, the Construction Engineer/
Construction Coordinator will give the necessary orders and
then notify the Project Engineer/Project Manager.
(7) In the event of a controversy, the Project Engineer/Project
Manager shall confer with the Construction Engineer/
Construction Coordinator to determine proper course of
action.
In the event the Construction Engineer/Construction
Coordinator and Project Engineer/Project Manager cannot
agree the Construction Engineer/Construction Coordinator
will promptly contact the Field Engineer or the District
Construction Engineer of KDOT who will determine the
necessary course of action.
D. AGENCY COORDINATION AND COOPERATION
(1) Contact and coordination with all affected local, state and
federal agencies, including the FHWA; private consultants
and contractors; the general public; utilities and railroad
companies shall be the responsibility of the KDOT.
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(2) The Consultant shall cooperate fully with the KDOT; and
with local, state and federal agencies including the FHWA,
the general public, utilities, railroad companies, and
private consultants and consultants and contractors when so
directed by the KDOT. Such cooperation may include atten-
dance at conferences.
E. MEETINGS AND CONFERENCES
(1) Conferences, as may be necessary for the discussion and
review of the services under this Agreement, shall be
scheduled between the Consultant and the KDOT. These
conferences may include field review of the Project.
(2) Conferences may be held upon the request of the Consultant
or the KDOT.
II. PROSECUTION AND PROGRESS
A. GENERAL
(1) Written authority to proceed with the services on any
construction Project under this Agreement will be given by
the KDOT to the Consultant. The KDOT will not be respon-
sible for any services performed by the Consultant prior to
such authorization or liable for payment therefore.
(2) Services performed under this Agreement will commence with
attendance at a formal Construction Conference by the
Consultant and the KDOT, unless otherwise stated elsewhere
in the Agreement or at the direction of the Construction
Engineer/Construction Coordinator during an informal
Construction Conference. Attendees at a formal Construction
Conference shall include representative of KDOT's Area
Engineer and the Construction Office (Construction
Engineer/Construction Coordinator) and Consultant's Project
Engineer/Project Manager and such other representatives as
may be, designated by each party to the Agreement. The KDOT
will notify the Consultant of the location, date and time
and will make necessary arrangements for the conference.
Topics for discussion shall include scope of the Contract-
or's construction operations and anticipated schedule,
review of necessary staffing by the Consultant, lines of
communication and authority, equipment needs, standard
practices of the KDOT, and related subjects.
(3) The Consultant shall attend the formal Construction Con-
ference held between the KDOT, the Contractor and involved
utilities and agencies, unless otherwise stated elsewhere
in the Agreement.
(4) The Consultant shall have a KDOT Certified Project
Engineer/Project Manager assigned to the Project at all
times. The non -certification of a Project Engineer/Project
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Manager may, at the Secretary's discretion, give cause for
termination of this Agreement and/or withdrawal of the
Project from a letting.
(5) The Agreement shall be considered completed upon payment,
and notice of written release from KDOT therefor unless
previously terminated as provided in Section II C.
(6) Should the KDOT deem it necessary for the Consultant to
render additional services for review of contract items,
conditions, claims or litigation matters after completion
of the Agreement, the Consultant agrees to cooperate and
render such requested services. Such services shall be paid
for in the amount and manner mutually agreed upon by the
KDOT and the Consultant.
(7) A Close -Out Conference may be held upon completion of this
Agreement to evaluate the performance of the Consultant.
Attendees shall include the Field Engineer, representatives
of the construction office (including Construction
Engineer/Construction Coordinator) and Consultant's Project
Engineer/Project Manager and such other representatives as
may be designated by each party to the Agreement. The KDOT
will notify the Consultant of the location, date and time
and will make necessary arrangements for the conference.
The evaluation shall consider the quality of the Con-
sultant's work, adequacy of staffing, extent of correc-
tions, cooperation and related subjects.
B. DELAYS AND EXTENSIONS
(1) Delays caused through no fault of the Consultant may be
cause for extension of time in completion of the work. Time
extensions may be granted by KDOT upon reasonable claim and
justification by the Consultant and when necessary,
approval has been given by the FHWA. Approved time exten-
sions may also be cause for consideration of adjustments in
payment, where warranted and approved by the KDOT.
C. TERMINATION OF AGREEMENTS
(1) The right is reserved by the KDOT to terminate all or part
of this Agreement at any time upon written notice to the
Consultant. Such notice shall be sent not less than ten
(10) days in advance of the termination date stated in the
notice.
(2) The Consultant may ,terminate this Agreement, in the event
of substantial failure of other parties to perform in
accordance with the terms hereof, upon ten (10) days
written notice in advance of the effective date of such
termination received by all parties to this Agreement.
(3) In the event the Agreement is terminated by the KDOT
without fault on the part of the Consultant, the Consultant
shall be paid for the work performed or services rendered
under the Basis of Payment determined for the Agreement.
(4) In the event the services of the Consultant are terminated
by the KDOT for fault including but not limited to:
unreasonable delays in performance; failure to respond to
KDOT requests; and/or unsatisfactory performance on the
part of the Consultant, the Consultant shall be paid the
reasonable value of the services performed or rendered and
delivered to the KDOT up to the time of termination. The
value of the services performed, rendered and delivered
will be determined by the KDOT. In the case of any dispute
as to payment arising under this Agreement pertinent
information will be submitted to a Review Committee for
resolution. The Review Committee will be comprised of a
maximum of two (2) representatives from each of the
Agreement parties.
(5) In the event of the death of any member or partner of the
Consultant's firm, the surviving members shall complete the
services, unless otherwise mutually agreed upon by the LPA
and the KDOT and the survivors, in which case the Consul-
tant shall be paid as set forth in Section II C(2) above.
D. SUBLETTING OR ASSIGNMENT OF CONTRACT
(1) The Consultant shall not sublet or assign all or any part
of the services under this Agreement without the prior
written approval of the KDOT. Consent by the KDOT to
assign, sublet or otherwise dispose of any portion of the
Agreement shall not be construed to relieve the Consultant
of any responsibility for the fulfillment of the Agree-
ment.
(2) All the applicable terms of this Agreement remain in force
and are a condition to any services approved to be sublet
or assigned. Specific reference is made to Nondiscrimina-
tion and Equal Employment Opportunity, as applicable to the
subcontract..
III. BASIS OF PAYMENT
A. GENERAL
(1) The Consultant will be paid the supported actual costs plus
net fee by the KDOT for the completed and approved (by KDOT
District) services rendered under this Agreement on the
basis and at the Agreement price set forth in the Special
Construction Provisions (Special Attachment), and for Extra
Work if any, at the compensation therefore set forth in an
approved supplement to this Agreement covering such work.
The extra work will be paid for separately and in addition
to the foregoing amount listed in the Special Construction
Provisions (Special Attachment). Payment shall be full
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compensation for services performed or rendered and for
all labor, material, supplies, equipment and incidentals
necessary to complete the work.
(2) The Consultant will submit to the KDOT overhead rates for
audit within seventy-five (75) days after completion of the
Consultant's fiscal year. The Consultant will assemble work
papers for audit at their normal place of business.
Overhead rates will be audited on a yearly basis following
the first audit as may be required. Overhead rates will be
adjusted at the time of the audit review. If the overhead
rate increases or decreases, previous payments will be
adjusted to insure that the Consultant is reimbursed for
actual costs. Future payments will be based on the latest
audit.
(3) Should the Agreement contain more than one (1) construction
project, any and all invoices and the final statement shall
itemize charges by individual.Project.
(4) Final payment of any balance due the Consultant of the
ultimate gross amount earned will be made promptly upon its
verification by the KDOT, upon completion of the work under
this Agreement and its acceptance by the KDOT, and upon
receipt of the survey notes, records, reports, final
estimates, record drawings, Manuals, Contract Documents,
guides, and other documents required to be returned or to
be furnished under this Agreement.
IV. WORK ORDERS, EXTRA WORK, OR DECREASED WORK
(1) Written orders regarding the services to be performed will
be given by the KDOT. Orders that do not change the scope
of services in the Agreement, but increase or decrease the
quantity of labor or materials or the expense of the
services, shall not annul or void this Agreement.
(2) The Consultant must proceed with the services as directed
by furnishing the necessary labor, equipment, materials and
professional services to complete the services within the
time limits specified in schedules or as adjusted by
agreement of the parties.
(3) If in the Consultant's opinion such orders involve services
not included in the terms or scope of this Agreement, the
Consultant must notify the KDOT in writing of this opinion
if extra compensation is desired.
(4) If in the Consultant's opinion such orders would require
the discarding or redoing of services which was based upon
earlier direction or approvals, the Consultant must notify
the KDOT in writing of this opinion, and that extra
compensation is desired.
(5) Such notification shall include the justification for the
claim for extra compensation and the estimated amount of
additional fee requested.
(6) The KDOT will review the Consultant's submittal and, if
acceptable, approve a supplement to this Agreement.
Services for extra work may only proceed upon written
authorization by the KDOT, which will be followed up with
the execution of the supplemental agreement.
V. MISCELLANEOUS PROVISIONS
A. CONSTRUCTION ENGINEERING STANDARDS
(1) All services performed under this Agreement shall be done
in accordance with the current standard practices of the
KDOT as contained in the Contract Documents, Manuals,
guides and written instructions of the KDOT.
(2) No variations will be permitted except by written order
from the KDOT.
B. REVISION OF SPECIFICATIONS AND PLANS
(1) The KDOT may,'by written notice and without invalidating
this Agreement, make changes in the Specifications,
Construction Contract Plans or Special Provisions resulting
in the revision or abandonment of services already perform-
ed by the Consultant or resulting in work by the Consultant
not contemplated in the Agreement.
(2) Claims by the Consultant for compensation for services
resulting from such revisions shall be submitted and
processed in accordance with Section IV of this Agreement.
C. OWNERSHIP OF DOCUMENTS
(1) Upon completion or termination of this Agreement all
Manuals, Contract Documents, guides, written instructions,
unused forms and recordkeeping books, and other written
data and information furnished to the Consultant by the
KDOT for the performance of the Agreement, and all survey
notes, diaries, reports, records and other information and
data collected or prepared by the Consultant in the
performance of this Agreement shall be properly arranged
and delivered to the KDOT, and shall become the property of
the KDOT.
(2) All documents prepared by Consultant pursuant to this
Agreement are instruments of service in respect of the
project. They are not intended or represented to be
suitable for reuse by the Secretary or others on extensions
of the project or on any other project. Any reuse without
written verification or adaptation by Consultant for the
specific purpose intended will be at the Secretary's sole
risk and without liability or legal exposure to the
�1!
Consultant; and Secretary shall indemnify and hold harmless
Consultant from all claims, damages, losses and expenses
including attorney's fees arising out of or resulting
therefrom. Any such verification or adaptation will entitle
Consultant to further compensation at rates to be agreed
upon by Consultant and Secretary.
D. CONTINGENT FEES
(1) The Consultant warrants that they have not employed or
retained any company or person, other than a bondafide
employee working solely for the Consultant to secure this
Agreement, and that they have not paid or agreed to pay any
company or person, any fee, commission, percentage,
brokerage fees, gift, or any other consideration, con-
tingent upon or resulting from the award or making of this
Agreement.
For breach or violation of this warranty the KDOT in
consultation with the LPA shall have the right to annul
this Agreement without liability.
E. AGREEMENT ITEMS
(1) It is also understood and agreed that the Project plans,
Specifications, Special Provisions, and Construction Con-
tract Proposal, as available, and the Agreement Estimate
and other Special Attachments (Index provides List of
Special Attachments and specifically includes Nondiscrimi-
nation in Employment) are all essential documents of this
Agreement and are hereby incorporated by reference into
this Agreement and are a part thereof.
F. ACCESS TO RECORDS
(1) The Consultant and subcontractors to the Consultant if any,
agree to maintain for inspection by the LPA, KDOT and the
FHWA all books, documents, papers, accounting records and
other evidence pertaining to all costs incurred under this
Agreement and to make such materials available at their
respective offices at all reasonable times during the life
of the Agreement and for three (3) years from the date of
the final federal payment to KDOT under the Agreement, and
to furnish copies thereof if requested.
(2) If more than a nominal number of copies are requested, the
additional copies shall be furnished at the expense of the
requesting agency.
(3) The Consultant will maintain these materials at the
Consultant's offices noted in the Specific Construction
Provisions.
- 10 -
G. LEGAL RELATIONS
(1) The Consultant shall become familiar with, and shall at all
times observe and comply with, all applicable federal,
state, and local laws, ordinances and regulations.
(2) The Consultant shall be responsible for any and all damages
to property or persons arising out of an error, omission
and/or negligent act in the Consultant's performance of
services under this Agreement.
H. WORKER'S COMPENSATION AND OTHER EMPLOYEES PROVISIONS
(1) The Consultant will accept full responsibility for payment
of Unemployment Insurance, Worker's Compensation and Social
Security as well as income tax deductions and any other
taxes or payroll deductions required by State and Federal
Law for the Consultant's employees engaged in work autho-
rized by this Agreement.
I. ERRORS AND OMISSIONS
(1) The Consultant shall be responsible for the accuracy of the
work performed by the Consultant under the Agreement, and
shall promptly make necessary revisions or corrections
resulting from their negligent acts, errors, or omissions
without additional compensation.
(2) The Consultant shall give immediate attention to these
revisions or corrections to prevent or minimize delay to
the Contractor.
(3) The Consultant shall be responsible for any damages
incurred as a result of their errors, omissions or negli-
gent acts and for any losses or costs to repair or remedy
construction.
J. CONFLICT OF INTEREST
(1) The Consultant warrants they have no public or private
interest, and shall not acquire directly or indirectly any
such interest, which would conflict in any manner with the
performance of the work under the Agreement.
(2) The Consultant will not, without written permission from
the KDOT, engage the services of any person(s) in the
employment of the KDOT for any work required by the terms
of this Agreement.
K. HOLD HARMLESS CLAUSE
(1) The Consultant hereby expressly agrees to save the Secre-
tary and the Secretary's authorized representatives
harmless from any and all costs, liabilities, expenses,
suits, judgements and damages to persons or property caused
by the Consultant; it's agents, employees or subcontractors
which may result from acts, errors, mistakes or omissions
from the Consultant's operation in connection with the
services to be performed hereunder.
(2) The LPA hereby expressly agrees to save the Secretary and
the Secretary's authorized representatives harmless from
any and all costs, liabilities, expenses, suits, judgments
and damages to persons or property caused by the LPA, it's
agents, employees or subcontractors which may result from
acts, errors, mistakes or submissions from the LPA's
operation in connection with the services to be performed
hereunder.
IN WITNESS WHEREOF: The parties
signed by their duly authorized officers
Agreement and all other Agreements er
Agreement shall be binding upon the part
sors in office.
RECOMMEND FOR APPROVAL:
hereto have caused this Agreement to be
. It is further understood that this
tered into under the provisions of this
es to this Agreement and their succes-
APPROPRIATE LOCAL OFFICIAL:
'�—�Ity �EngineerAMa`,r -6 ..�—
ATTEST:
Cit Clerk
ATTEST:
Name
0",
ror;:;
tLPP1:0 �'s i �
l31' ..
Member
I,clluk soc. i I�GCa SICA(f .,,4s
onsu ant
•u-
pw.•tne-- //cam /..-*ta.4/-�
Title
JOHN B. KEMP, P.E.
SECRETARY OF TRANSPORTATION
- 12 -
INDEX OF ATTACHMENTS
1. Special Attachment No. 1 - Specific Construction Provisions
2. Special Attachment No. 2 - Certification
3. Special Attachment No. 3 - Civil Rights Act of 1964 and
Rehabilitation Act�of 1973
Sheet 1 of 5
SPECIAL ATTACHMENT NO. 1
SPECIFIC CONSTRUCTION PROVISIONS
I. SCOPE OF SERVICES
A. SERVICES TO BE PERFORMED BY THE CONSULTANT
The Consultant agrees to:
(1) Attend all conferences designated by the KDOT, or required under
the terms of the Agreement.
(2) Designate a Project Engineer/Project Manager who shall meet
KDOT's certification policy and report and transmit Project
activity and documents to KOOT's Construction Office.
(3) Assign a sufficient number of technically qualified and exper-
ienced personnel to the Project to perform the services required
under the Agreement, in a timely manner to avoid delay to the
Contractor.
(4) Become fami liar,with the standard practices of the KDOT, the
Contract Documents (Specifications, Construction Contract
Proposal, Special Provisions and Plans), and the Contractor's
proposed schedule of operations prior to beginning field ser-
vices to be performed under the Agreement.
(5) Perform the Consultant's field operations in accordance with
accepted safety practices.
(6) Furnish all equipment required to accomplish the Consultant's
services, and to check or test it prior to use on the Project.
(7) Provide for Consultant personnel such transportation, supplies,
materials and incidentals as are needed to accomplish the
services required under the Agreement.
(8) Undertake the following:
Transmit orders from the KDOT to the Contractor and provide
guidance in the proper interpretation of the Specifications and
Plans.
Perform or provide construction surveys, staking, and measure-
ments needed by the Contractor (unless provided for in the con-
tract where contractor construction staking is to be performed
as a bid item by the Contractor) and perform measurements and
surveys that are involved in the determination of final pay
quantities.
Inspect all phases of construction operations to determine the
Contractor's compliance with Contract Documents and to reject
such work and materials which do not comply with Contract Docu-
ments until any questions at issue can be referred to and be
decided by the KDOT Field Engineer.
Sheet 2 of 5
Take field samples and/or test materials to be incorporated in
the work, and reject those not meeting the provisions of the
Contract Documents until any questions at issue can be referred
to and be decided by the Field Engineer.
Make certain that test report records or certificates of
compliance for materials tested off the Project site and
required, prior to the incorporation in the work, have been
received.
Keep such daily diaries, logs and records as are needed for a
complete record of the Contractor's progress, including Project
Engineer/Manager and Inspector's diaries.
Measure and compute all materials incorporated in the work and
items of work completed, and maintain an item account record.
Provide measurement and computation of pay items.
Prepare and submit, or assist in preparing, such periodic,
intermediate and final reports and records as may be required by
the KDOT and as are applicable to the PROJECT, which may
include:
a. Progress Reports
b. Weekly statement of working days
C. Notice of change in construction status
d. Report of field inspection of material
e. Test report record
f. Contractor pay estimates
g. Pile driving data
h. Piling record
i. Final certification of materials
j. Explanation of quantity variation
k. Statement of time
1. Other records and reports as required by the Project
Review, or assist in reviewing, all Contractor submittals of
records and reports required by the KDOT, as applicable to the
Project, which may include:
a. Requests for partial and final payment
b. Other reports and records as required by
the individual Project
(9) Prepare and submit, if desired by the Consultant, partial
payment invoices for services rendered by the Consultant, but
not to exceed one submittal per month.
(10) Collect, properly label or identify, and deliver to the KDOT all
original diaries, logs, notebooks, accounts, records, reports
and other documents prepared by the Consultant in the perfor-
mance of the Agreement, upon completion or termination of the
Agreement.
Sheet 4 of 5
d. Perform or provide for laboratory testing of materials
requiring off-site testing facilities, and obtain test
reports or certificates of compliance thereof.
Designate a Construction Engineer/Construction Coordinator
in the Construction Office with the duties and responsibil-
ities set forth in Section IC of the General Construction
Provisions of the Agreement.
f. Provide, through the Field Engineer and the District staff,
such assistance and guidance to the Consultant as may be
reasonably necessary to perform and complete the Agreement
in conformance with standard construction engineering
practices of the KDOT.
(2) The KDOT reserves the right to assign and charge to the Project
such KDOT personnel as may be needed.
II. PROSECUTION AND PROGRESS
A. It is anticipated that the services to be performed under the con-
struction contract will start in 1985, and be completed by 1986.
B. The Consultant shall complete all services to be rendered under this
Agreement no later than two months after completion of Project con-
struction.
III. BASIS OF PAYMENT
A. Compensation for services provided by the Consultant under the terms
of the Agreement shall be made on the basis of the reimbursable
Consultant's actual cost plus a net fee amount of $5,395.82. The
actual cost shall be incurred in conformity with the cost principles
established in Vol. 1, Chpt. 7, Sec. 2 of the Federal -aid Highway
Program Manual and 41 Code of Federal Regulations (CFR) 1-15.000 et
seq. The upper limit of compensation for services detailed in the
Agreement shall be $45,065.00.
B. Compensation for services during the progress of work normally will be
made to the Consultant within 30 days after receipt by the Secretary
of proper billing and when supported by appropriate documentation.
Partial payments may not be requested by the Consultant at intervals
of more than one per calendar month. Progress billings shall be
acceptable to the Secretary before payments can be made to the
Consultant. Accumulated partial payments shall not exceed Ninety-five
Percent (95%) of the actual costs incurred and net fee earned or the
upper limit of compensation for work noted above. When the claims
submitted on the payment vouchers have been audited and the KDOT and
FHWA have been satisfied that the terms of the Agreement have been met
by giving final acceptance of the Project and Agreement, the Consul-
tant will be issued within ninety (90) days the final payment which
includes the approved amount of the withheld balance. Unless extra
work has been authorized by the Secretary, the total of the final
payment and previous payments can not exceed the upper limit of com-
pensation approved for the work. If extra work has been authorized it
will be reimbursed as per the terms of the supplemental agreement(s).
ti
Project No. Sheet 1 of 2
Special Attachment No. 2 - CERTIFICATION
Certification of Consultant
de _ 1q-CSeQre.. —
I hereby certify that I am the fla'tng- and duly authorized
BU co...sc./ w.ts
representative of the firm of wA;4Lr y�„�/r, gy¢Syoui•t�+ ,
Ze 6 S erEE#' Jn cen hu. s
whose address is Xgf 13ox zG 5w/0'17_4_.K0176.�
and that neither I nor the above firm I here represent has:
(a) employed or retained for the commission, percentage, brokerage,
contingent fee, or other consideration, any firm or person (other than a bona
fide employee working solely for me or the above consultant) to solicit or
secure this contract,
(b) agreed, as an express or implied condition for obtaining this con-
tract, to employ or retain the services of any firm or person in connection with
carrying out the contract, or
(c) paid, or agreed to pay, to any firm, organization of persons (other
than a bona fide employee working solely for me or the above consultant) any
fee, contribution, donation, or consideration of any kind for, or in connection
with, procuring or carrying out the contract;
except as here expressly stated (if any):
I acknowledge that this certificate is to be furnished to the Secretary of
the Kansas Department of Transportation in connection with this contract and is
subject to applicable State and Federal laws, both criminal and civil.
Date Signature
Certification of Kansas Department of Transportation
I hereby certify that I am the Secretary of the Kansas Department of Trans-
portation, and that the above consulting firm or his representative has not been
required, directly or indirectly as an express or implied condition in connec-
tion with obtaining or carrying out this contract to
(a) employ or retain, or agree to employ or retain, any firm or person,
or,
(b) pay, or agree to pay, to any firm, person, or organization, any fee,
contribution, donation, or consideration of any kind;
I acknowledge that this certificate is to be furnished to the above
referenced firm in connection with this contract, and is subject to applicable
State and Federal laws, both criminal and civil.
/4* -. '-7
Date
City/County
Certification of LPA (City or County)
Sheet 2 of 2
We hereby certify that we are the above -noted LPA's Appropriate Local
Officials authorized to sign for the City/County and that the Consultant noted
in -Sheet 1 of this Special Attachment or his representative has not been
required, directly or indirectly, as an expressed or implied condition in
connection with obtaining or carrying out this agreement to:
(a), employ or retain, or agree to employ or retain, any firm or person,
or,
(b) pay, or agree to pay, to any firm, person, or organization, any fee,
contribution, donation, or consideration of any kind:
except as herein expressly stated (if any):
We acknowledge that this certificate is to be furnished to the above
referenced firm in connection with this Agreement, and is subject to applicable
State and Federal laws, both criminal and civil.
Date
Members
Members
Sheet 1 of 3
KANSAS DEPARTMENT OF TRANSPORTATION
Special Attachment No. 3
To Contracts or Agreements Entered Into
By the Secretary of Transportation of the State of Kansas
NOTE: Whenever this Special Attachment conflicts with provisions of the
Document to which it is attached, this Special Attachment shall govern.
THE CIVIL RIGHTS ACT OF 1964 AND
REHABILITATION ACT OF 1973
NOTIFICATION
The Secretary of Transportation for the State of Kansas, in accordance with the
provisions of Title VI and Title VII of the Civil Rights Act of 1964 (78 Stat.
252), §504 of the Rehabilitation Act of 1973 (87 Stat. 355) and the Regulations
of the U.S. Department of Transportation (49 C.F.R., Part 21, 23 and 27), issued
pursuant to such Act, hereby notifies all contracting parties that, the 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.
k
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 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.
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. 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 national origin.
KANSAS DEPARTMENT of TRANSPORTATION
STATE OFFICE BUILDING -TOPEKA, KANSAS 66612
JOHN B. KEMP, Secretary of Transportation JOHN CARLIN, Governor
85 U-0833-01
BHM 4832(003)
Saline County
Mr. Dean Boyer
City/County Bldg.
300 West Ash, P. 0. Box 746
Salina, Kansas 67401
Dear Mr. Boyer:
September 6, 1985
� " C�
Due to fluctuations in construction costs, it is considered desirable to
review all projects prior to their advertisement with reference to the approxi-
mate amount of matching funds required for the improvement.
From our recent review of the project using a 80/20 matching ratio, it is
estimated by the Bureau of Rural and Urban Development that the maximum City/
County matching funds required will be approximately $164,800. These estimates,
while not the official KDOT estimates, should be kept confidential and for your
information only.
If you are receptive to proceeding with such a possible matching share,
please give your approval by signing in the space provided below and promptly
returning the original to this office as this project is included in a October
17, 1985, Kansas Department of Transportation letting.
Sincerely,
�u,3 F� I.,�.�
r°"- RAYMOND E. OLSON, P.E.,
CHIEF OF RURAL AND URBAN DEVELOPMENT
REO:VLE:kh:rac
cc: Board of County Commissioners/Mayor
CITVeouNt ENGINEER
KANSAS DEPARTMENT of TRANSPORTATION
STATE OFFICE BUILDING -TOPEKA, KANSAS 66612
JOHN B. KEMP, Secretary of Transportation
Agreement No. 57-85
85 U-0833-01
Grading and Bridge
City of Salina
Saline County
Mr. D. L. Harrison
City Clerk
300 West Ash
P.O, Box 746
Salina, Kansas 67401
Dear Mr. Harrison:
JOHN CARLIN. Gotemor
July 30, 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.
Very truly yours,
RAY D E. LSON, P.E.
Chief of Rural and
Urban Development
REO : tt
Enclosure
cc: District Engineer, w/a
Dean Testa, Construction and Maintenance, w/a
PROJECT NO. 85 U-0833-01
GRADING AND BRIDGE
CITY OF SALINA, KANSAS
AGREEMENT
Agreement No. 57-85
This agreement, made and entered into this J?2,„(day of/.0
f/.0 /
19 95, by and between the City of Salina, Kansas, h re einafter refe�to as the
City, and the Secretary of Transportation of the State of Kansas, hereinafter
referred to as the Secretary.
RECITALS:
WHEREAS, The Secretary and the said City are empowered by the Laws of
Kansas to enter into agreements to enable them to participate in the benefits to
be secured from federal -aid funds, or funds made avai.lable from the federal
government for 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 roads and streets, 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 does hereby request the Secretary to take such steps as
are deemed by the Secretary to be necessary or advisable for the purpose of
securing approval by the Federal Highway Administration of a project for the
improvement of Iron Avenue in the City, and is described as follows:
Iron Avenue over the Smoky Hill River between Iowa Avenue and Mary -
mount Avenue.
Total length of project 0.094 mile.
NOW, THEREFORE, in consideration of the premises and to secure the approval
and construction of the said project, the said parties hereto mutually agree as
follows:
No. 57-85
1. That the said project when approved shall be undertaken, prosecuted
and completed for and on behalf of the said City by the Secretary acting in all
things as its agent and said City hereby constitutes and appoints said Secretary
its agent, and all acts, proceedings, matters and things hereinafter done by the
Secretary in connection therewith are hereby by said City authorized, adopted,
ratified and confirmed to the same extent and with the same effect as though
done directly by the said City acting in its own individual corporate capacity
instead of by its agent. The plans for said project, when approved by the City,
the State Transportation Engineer and the Federal Highway Administration are by
reference made part of this agreement. The City agrees to prepare, or have
prepared, the plans for such improvements, under the direction of the Secretary.
2. 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 waA,y
easements and access rights shown on the approved plans in accordance with the
schedule established by the Kansas Department of Transportation. The City agrees
that it will have recorded in the office of• the -Register of Deeds all rights of
way Deeds, Dedications, Permanent Easements and .Reports .of Commissioners for
condemnation of rights of way.
3. 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 the construction of the
project in accordance with the approved plans. New or existing utilities that
have to be installed, moved or adjusted will be located or relocated in accord-
ance with the Kansas Department of Transportation "Utility Accommodation Policy,
Part Two -Utilities on Primary, Secondary and Urban Highways". The expense of
said removal or adjustment of said utilities located on public right of way
shall be borne by the.owners.
4. The City agrees that it will immediately take such steps as are
necessary to facilitate the early adjustment of utilities and upon notification
by the Kansas Department of Transportation's District Engineer, will initiate
the removal or adjustment of said utilities and will proceed with reasonable
diligence to prosecute this work to completion. The City further agrees to move
or adjust or cause to be moved or adjusted all utilities before construction is
started on the project except those necessary to be adjusted during construction
and those which would disturb the existing street surface, curbs or sidewalks.
The City, will, upon notification by the Department's District Engineer,
initiate and proceed to complete adjusting the remaining utilities in order that
the contractor shall not be delayed in constructing the project.
5. The City agrees to furnish the Secretary a list of existing and known
utilities affected, together with locations and 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.
6. 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
-2-
No. 57-85
said instrument includes a statement as to which party will bear the cost of
future adjustments or relocations that may be required as a result of street or
road improvements.
7. 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 authorized
representative may act as its agent with full authority to determine the
following:
(a) the dates upon which said street closings shall commence and termi-
nate
(b) the appropriate barricades and signing to be placed on or about the
project limits prohibiting through traffic and their locations
The Secretary or his or her authorized representative shall notify the
City of the determinations made pursuant to this section..
8. 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.
9. The City agrees to reimburse the Secretary for twenty (20) percent of
the cost of all construction items in the approved plans including construction
engineering and contingencies. However, if any items are found to be nonpar-
ticipating by the Federal Highway Administration, the total cost of those 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 proper billing.
10. The City agrees that when said project is completed and approved that
it will, at its own cost and expense, maintain said project and will make ample
provisions each year for such maintenance. Upon notification by the State
Transportation Engineer of any unsatisfactory maintenance condition, the City
will begin the necessary repairs within thirty (30) days and will prosecute the
work continuously until it is satisfactorily completed.
11. The City agrees that it will adopt an ordinance requiring the removal
of all encroachments either on or above the limits of the right of way shown on
the approved plans for this project and it will initiate and proceed with
diligence to remove or require the removal of said encroachments. It is further
agreed that all such encroachments be removed before the project is advertised
for letting (provided, however, that if the Secretary is satisfied, with respect
to any encroachment, that the physical removal thereof has been fully provided
-3-
No. 57-85
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 dispens-
ing pumps erected, moved or installed along said project be placed no less than
twelve feet back of the right of way line. All right of way provided for said
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.
12. The City agrees to control parking of vehicles on the city street
throughout the length of the improvement covered by this agreement.
13. The City agrees that the arterial characteristics inherent in the
project require uniformity in information an& regulate.Dns to the end that
traffic may safely and expeditiously be served and shall adopt and enforce such
rules and regulations governing traffic movements as may be deemed necessary or
desirable by the Secretary and the Federal Highway Administration.
14. The City agrees to maintain the control of access rights and to
prohibit the construction or use of any entrance or access points along the
project other than those shown on the approved plans. Any exceptions therefrom
must be approved by the Secretary.
15. 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 any public authority, or other agency, pursuant to this
agreement, shall be subject to the approval of the Secretary with the concur-
rence of the Federal Highway Administration and shall not be installed prior to
such approval.
16. The City agrees to adopt all necessary ordinances and/or resolutions
and to take such legal steps as may be required to give full effect to the terms
of this agreement.
17. The City hereby expressly agrees and covenants that they will hold and
save harmless and indemnify the Secretary and his or her authorized representa-
tives from any and all costs, liabilities, expenses, suits, judgments, damages
to persons or property or claims of any nature whatsoever arising out of or in
connection with the provisions or performance of this contract by the City,
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.
18. Responsibility for damage claims: The contractor shall indemnify and
save the Secretary and the City harmless from and against all liability for
damages, costs and expenses arising out of any claim, suit, action, or otherwise
for injuries and/or damages sustained to persons or property by reason of the
work performed by the Contractor, his or her subcontractor, agents, or employees
under this contract.
-4-
No. 57-85
19. 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.
20. 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
t
CITY CLERK MAYOR
by
JOHN B. KEMP, P.E.
Secretary of Transportation
-5-
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), §504 of the Rehabilitation Act of 1973 (87 Stat. 355) and the Regulations
of the U.S. Department of Transportation (49 C.F.R., Part 21, 23 and 27), issued
pursuant to such Act, hereby notifies all contracting parties that, the 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 eignt '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.
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 rggard to the work performed
by the consultant after award a-nd 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 airectly 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
(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 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 suocontract, 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.
PROJECT NO. 85 U-0833-01
GRADING AND BRIDGE
CITY OF SALINA, KANSAS
A G R E E M E N T
Agreement No. 57-85
This agreement, made and entered into this 12 day of
19", by and between the City of Salina, Kansas, hereinafter referr d to as the
City, and the Secretary of Transportation of the State of; Kansas, hereinafter
referred to as the Secretary.
RECITALS:
WHEREAS, The Secretary and the said City are empowered by the Laws of
Kansas to enter into agreements to enable them to participate in the benefits to
be secured from federal -aid funds, or funds made available from the federal
government for 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 roads and streets, 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 does hereby request the Secretary to take such steps as
are deemed by the Secretary to be necessary or advisable for the purpose of
securing approval by the Federal Highway Administration of a project for the
improvement of Iron Avenue in the City, and is described as follows:
Iron Avenue over the Smoky Hill River between Iowa Avenue and Mary -
mount Avenue.
Total length of project 0.094 mile.
NOW, THEREFORE, in consideration of the premises and to secure the approval
and construction of the said project, the said parties hereto mutually agree as
follows:
No. 57-85
1. That the said project when approved shall be undertaken, prosecuted
and completed for and on behalf of the, said City by the Secretary acting in all
things as its agent and said City hereby constitutes and appoints said Secretary
its agent, and all acts, proceedings, matters and things hereinafter done by the
Secretary in connection therewith are hereby by said City authorized, adopted,
ratified and confirmed to the same extent and with the same effect as though
done directly by the said City acting in its own individual corporate capacity
instead of by its agent. The plans for said project, when approved by the City,
the State Transportation, Engineer and the Federal Highway Administration are by
reference made part of this agreement. The City agrees to prepare, or have
prepared, the plans for such improvements, under the direction of the Secretary.
2. 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. The City agrees
that it will have recorded in the office of the Register of Deeds all rights of
way Deeds, Dedications, Permanent Easements and Reports of Commissioners for
condemnation of rights of way.
3. 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 the construction of the
project in accordance with the approved plans. New or existing utilities that
have to be installed, moved or adjusted will be located or relocated in accord-
ance with the Kansas Department of Transportation "Utility Accommodation Policy,
Part Two -Utilities on Primary, Secondary and Urban Highways". The expense of
said removal or adjustment of said utilities located on public right of way
shall be borne by the owners.
4. The City agrees that it will immediately take such steps as are
necessary to facilitate the early adjustment of utilities and upon notification
by the Kansas Department of Transportation's District Engineer, will initiate
the removal or adjustment of said utilities and will proceed with reasonable
diligence to prosecute this work to completion. The City further agrees to move
or adjust or cause to be moved or adjusted all utilities before construction is
started on the project except those necessary to be adjusted during construction
and those which would disturb the existing street surface, curbs or sidewalks.
The City, will, upon notification by the Department's District Engineer,
initiate and proceed to complete adjusting the remaining utilities in order that
the contractor shall not be delayed in constructing the project.
5. The City agrees to furnish the Secretary a list of existing and known
utilities affected, together with locations and 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.
6. 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
-2-
No. 57-85
said instrument includes a statement as to which party will bear the cost of
future adjustments or relocations that may be required as a result of street or
road improvements.
7. 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 authorized
representative may act as its agent with full authority to determine the
following:
(a) the dates upon which said street closings shall :commence and termi-
nate
(b) the appropriate barricades and signing to be placed on or about the
project limits prohibiting through traffic and their locations
The Secretary or his orher authorized representative shall notify the
City of the determinations made pursuant to this section..
8. 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.
9. The City agrees to reimburse the Secretary for twenty (20) percent of
the cost of all construction items in the approved plans including construction
engineering and contingencies. However, if any items are found to be non -par-
ticipating by the Federal Highway Administration, the total cost of those 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 proper billing.
10. The City agrees that when said project is completed and approved that
it will, at its own cost and expense, maintain said project and will make ample
provisions each year for such maintenance. Upon notification by the State
Transportation Engineer of any unsatisfactory maintenance condition, the City
will begin the necessary repairs within thirty (30) days and will prosecute the
work continuously until it is satisfactorily completed.
11. The City agrees that it will adopt an ordinance requiring the removal
of all encroachments either on or above the limits of the right of way shown on
the approved plans for this project and it will initiate and proceed with
diligence to remove or require the removal of said encroachments. It is further
agreed that all such encroachments be removed before the project is advertised
for letting (provided, however, that if the Secretary is satisfied, with respect
to any encroachment, that the physical removal thereof has been fully provided
-3-
No. 57-85
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 dispens-
ing pumps erected, moved or installed along said project be placed no less than
twelve feet back of the right of way line. All right of way provided for said
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.
12. The City agrees to control parking of vehicles on the city street
throughout the length of the improvement covered by this agreement.
13. The City agrees that the arterial characteristics inherent in the
project require uniformity in information and regulations to the end that
traffic may safely and expeditiously be served and shall adopt and enforce such
rules and regulations governing traffic movements as may be deemed necessary or
desirable by the Secretary and the Federal Highway Administration.
14. The City agrees to maintain the control of access rights and to
prohibit the construction or use of any entrance or access points along the
project other than those shown on the approved plans. Any exceptions therefrom
must be approved by the Secretary.
15. 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 any public authority, or other agency, pursuant to this
agreement, shall be subject to the approval of the Secretary with the concur-
rence of the Federal Highway Administration and shall not be, installed prior to
such approval.
16. The City agrees to adopt all necessary ordinances and/or resolutions
and to take such legal steps as may be required to give full effect to the terms
of this agreement.
17. The City hereby expressly agrees and covenants that they will hold and
save harmless and indemnify the Secretary and his or her authorized representa-
tives from any and all costs, liabilities, expenses, suits, judgments, damages
to persons or property or claims of any nature whatsoever arising out of or in
connection with the provisions or performance of this contract by the City,
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.
18. Responsibility for damage claims: The contractor shall indemnify and
save the Secretary and the City harmless from and against all liability for
damages, costs and expenses arising out of any claim, suit, action, or otherwise
for injuries and/or damages sustained to persons or property by reason of the
work performed by the Contractor, his or,her subcontractor, agents, or employees
under this contract.
-4-
No. 57-85
19. 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.
20. 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:
(� r�4G�--�✓
CITY CLERK
THE CITY OF SALINA, KANSAS
MAYOR
JOHN B. KEMP, P.E.
Secretary of Transpoftation
by
(SEAL)
1611
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), 4504 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.
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. 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 national origin.
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•d th 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 suocontract, 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.
RESOLUTION NUMBER 85-3795
' 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
57-85 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 Iron Avenue over the Smoky Hill River
between Iowa Avenue and Marymount Road and known as Project No.
85 U-0833-01.
Adopted by the Board of Commissioners and signed by the Mayor this
22nd day of July, 1985.
O�J
Jose M. atter, Acting Mayor
[SEAL]
ATTEST:
D. L. Harrison, City Clerk
II 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 85-3795 was adopted by the Board of
Commissioners at its regular meeting on July 22, 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
CITY OF SALINA
REQUEST FOR COMMISSION ACTION DATE
TIME
//LC/tib 4:00 P.M.
AGENDA SECTION: Consent ORIGINATING DEPARTMENT: APPROVED FOR
NO. 6 AGENDA:
ITEM Engineerinq
NO. 2 BY: Dean Bover BY: /
Resolution Number 85-3795 - a resolution relating to benefits obtainable by cities
under the program for federal and state aid on highway construction.
This resolution authorizes the Mayor and City Clerk to execute an agreement with the
Kansas. Department of Transportation to act in the City's behalf of Project No.
85U-0833-01.
This project is a bridge project which is funded 80% federal and 20% local. In
addition to the 20% of construction, the City shall provide the project plans and
all rights-of-way, easements and access rights. This project involves primarily the
deck replacement of the bridge on Iron Avenue at the Smoky Hill River channel between
Iowa Street and Channel Drive. An October, 1985 letting date has been tentatively
scheduled by K.D.O.T.
The City's portion of this project shall be funded with sales tax monies.
COMMISSION ACTION
MOTION BY SECOND BY
TO:
KANSAS DEPARTMENT of TRANSPORTATION
STATE OFFICE BUILDING -TOPEKA, KANSAS 66612
JOHN B. KEMP, Secretary of Transportation JOHN CARLIN, Governor
July 15, 1985
Agreement No. 57-85
85 U-0833-01
Grading and Bridge
City of Salina
Saline County
Mr. D. L. Harrison
City Clerk
300West Ash
P.O. Box 746.
Salina, Kansas 67401'
Dear Mr. Harrison:
We are transmitting herewith in triplicate the 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 satis-
factory, 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 imple-
mentation 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.
Very truly yours,
r*AD I*
Chief of Rural and Urban Development
REO: Ikb
Encl .
cc: Division Director
District Engineer, w/a
Chief of Construction and Maintenance, w/a
PROJECT NO. 85 U-0833-01
GRADING AND BRIDGE
CITY OF SALINA, KANSAS
A G R E E M E N T
Agreement No. 57-85
This agreement, made and entered into this day of
19 , by and between the City of Salina, Kansas, hh reenafter referred to as the
City, and the Secretary of Transportation of the State of Kansas, hereinafter
referred to as the Secretary.
RECITALS:
WHEREAS, The Secretary and the said City are empowered by the Laws of
Kansas to enter into agreements to enable them to participate in the benefits to
be secured from federal -aid funds, or funds made available from the federal
government for 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 roads and streets, 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 does hereby request the Secretary to take such steps as
are deemed by the Secretary to be necessary or advisable for the purpose of
securing approval by the Federal Highway Administration of a pro,;ect for the
improvement of Iron Avenue in the City, and is described as follows:
Iron Avenue over the Smoky Hill River between Iowa Avenue and,Mar,-
mount Avenue.
Total length of project 0.094 mile.
NOW, THEREFORE, in consideration of the premises and to secure the a� /al
and construction of the said project, the said parties hereto mutually ayr .t: as
follows:
No. 57-85
1. That the said project when approved shall be undertaken, prosecuted
and completed for and on behalf of the said City by the Secretary acting in all
things as its agent and said City hereby constitutes and appoints said Secretary
its agent, and all acts, proceedings, matters and things hereinafter done by the
Secretary in connection therewith are hereby by said City authorized, adopted,
ratified and confirmed to the same extent and with the same effect as though
done directly by the said City acting in its own individual corporate capacity
instead of by its agent. The plans for said project, when approved by the City,
the State Transportation Enyineer and the Federal Highway Administration are by
reference made part of this agreement. The City agrees to prepare, or have
prepared, the plans for such improvements, under the direction of the Secretary.
2. 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. The City agrees
that it will have recorded in the office of the Register of Deeds all riyhts of
way Deeds, Dedications, Permanent Easements and Reports of Commissioners for
condemnation of rights of way.
3. 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 the construction of the
project in accordance with the approved plans. New or existing utilities that
have to be installed, moved or adjusted will be located or relocated in accord-
ance with the Kansas Department of Transportation "Utility Accommodation Policy,
Part Two -Utilities on Primary, Secondary and Urban Highways". The expense of
said removal or adjustment of said utilities located on public right of way
shall be borne by the owners.
4. The City agrees that it will immediately take such steps as are
necessary to facilitate the early adjustment of utilities and upon notification
by the Kansas Department of Transportation's District Engineer, will initiate
the removal or adjustment of said utilities and will proceed with reasonable
diligence to prosecute this work to completion. The City further agrees to move
or adjust or cause to be moved or adjusted all utilities before construction is
started on the project except those necessary to be adjusted during construction
and those which would disturb the existing street surface, curbs or sidewalks.
The City, will, upon notification by the Department's District Engineer,
initiate and proceed to complete adjusting the remaining utilities in order that
the contractor shall not be delayed in constructing the project.
5. The City agrees to furnish the Secretary a list of existing and known
utilities affected, together with locations and 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.
6. 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
-2-
No. 57-85
said instrument includes a statement as to which party will bear the cost of
future adjustments or relocations that may be required as a result of street or
road improvements.
7. 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 authorized
representative may act as its agent with full authority to determine the
following:
(a) the dates upon which said street closings shall commence and termi-
nate
(b) the appropriate barricades and signing to be placed on or about the
project limits prohibiting through traffic and their locations
The Secretary or his or her authorized representative shall notify the
City of the determinations made pursuant to, this section.
8. 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.
9. The City agrees to reimburse the Secretary for twenty (20) percent of
the cost of all construction items in the approved plans including construction
engineering and contingencies. However, if any items are found to be nonpar-
ticipating by the Federal Highway Administration, the total cost of those 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 proper billing.
10. The City agrees that when said project is completed and approved that
it will, at its own cost and expense, maintain said project and will make ample
provisions each year for such maintenance. Upon notification by the State
Transportation Engineer of any unsatisfactory maintenance condition, the City
will begin the necessary repairs within thirty (30) days and will prosecute the
work continuously until it is satisfactorily completed.
11. The City agrees that it will adopt an ordinance requiring the removal
of all encroachments either on or above the limits of the right of way shown on
the approved plans for this project and it will initiate and proceed with
diligence to remove or require the removal of said encroachments. It is further
agreed that all such encroachments be removed before the project is advertised
for letting (provided, however, that if the Secretary is satisfied, with respect
to any encroachment, that the physical removal thereof has been fully provided
-3-
No. 57-85
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 dispens-
ing pumps erected, moved or installed along said project be placed no less than
twelve feet back of the right of way line. All right of way provided for said
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.
12. The City agrees to control parking of vehicles on the city street
throughout the length of the improvement covered by this agreement.
13. The City agrees that the arterial characteristics inherent in the
project require uniformity in information and regulations to the end that
traffic may safely and expeditiously be served and shall adopt and enforce such
rules and regulations governing traffic movements as may be deemed necessary or
desirable by the Secretary and the Federal Highway Administration.
14. The City agrees to maintain the control of access rights and to
prohibit the construction or use of any entrance or access points along the
project other than those shown on the approved plans. Any exceptions therefrom
must be approved by the Secretary.
15. 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 any public authority, or other agency, pursuant to this
agreement, shall be subject to the approval of the Secretary with the concur-
rence of the Federal Highway Administration and shall not be installed prior to
such approval.
16. The City agrees to adopt all necessary ordinances and/or resolutions
and to take such legal steps as may be required to give full effect to the terms
of this agreement.
17. The City hereby expressly agrees and covenants that they will hold and
save harmless and indemnify the Secretary and his or her authorized representa-
tives from any and all costs, liabilities, expenses, suits, judgments, damages
to persons or property or claims of any nature whatsoever arising out of or in
connection with the provisions or performance of this contract by the City,
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.
18. Responsibility for damage claims: The contractor shall indemnify and
save the Secretary and the City harmless from and against all liability for
damages, costs and expenses arising out of any claim, suit, action, or otherwise
for injuries and/or damages sustained to persons or property by reason of the
work performed by the Contractor, his or her subcontractor, agents, or employees
under this contract.
-4-
19. The parties do hereby agree
hereto, pertaining to the implementation
hereby made a part of this agreement.
No. 57-85
that the "Special Attachment" attached
of the Civil Rights Act of 1964, is
20. 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
by
(SEAL)
THE CITY OF SALINA, KANSAS
MAYOR
JOHN B. KEMP, P.E.
Secretary of Transportation
-5-
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), §504 of the Rehabilitation Act of 1973 (87 Stat. 355) and the Regulations
of the U.S. Department of Transportation (49 C.F.R., Part 21, 23 and 27), issued
pursuant to such Act, hereby notifies all contracting parties that, the 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.
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. 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 national origin.
Special Attachment No. 1
Sheet 3 of 3
(B) 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 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 suocontract, 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.
RESOLUTION NUMBER 85-3795
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
57-85 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 Iron Avenue over the Smoky Hill River
between Iowa Avenue and Marymount Avenue and known as Project No.
85 U-0833-01.
Adopted by the Board of Commissioners and signed by the Mayor this
22nd day of July, 1985.
Joseph M. Ritter, Acting Mayor
[SEAL]
ATTEST:
D. L. Harrison, City Clerk
A RESOLUTION RELATING TO BENEFITS
OBTAINABLE BY CITIES UNDER THE PROGRAM
FOR FEDERAL AID ON HIGHWAY CONSTRUCTION
Be it Resolved by the Governing Body of the City of Salina
That the Mayor and City Clerk are authorized and directed to
execute for and on behalf of the City of Salina , Kansas,
Agreement No, 57-85 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 Iron Avenva nvcr rhe c..,..v.. .,_„
Marymount Avenue
(project description
and known as Project No, 85 U-0833-01
Passed by the (Eovntii) (Commission) this ��.,,,fday of l�
(Approved)(Signed) , Mayor
(SEAL)'
ATTEST:
City Clerk
CITY OF SALINA
REQUEST FOR COMMISSION ACTION DATE TIME
'I ;WV .I,.
AGENDA SECTION: Consent ORIGINATING DEPARTMENT: APPROVED FOR
NO. 6 AGENDA -
City Clerk
Tr"
NO M 3
BY: D. L. Harrison BY:
Resolution Number 85-3799 - This resolution addresses right-of-way acquisition and
utility arrangements relating to the bridge rehabilitation project on the Iron Avenue
bridge at the cut-off channel. No additional right-of-way was required and the
necessary utility adjustment arrangements have been completed. This resolution is
in order for your approval.
COMMISSION ACTION
MOTION BY SECOND BY
TO:
.I
RESOLUTION NUMBER 85-3799
STATE OF KANSAS
COUNTY / CITY FEDERAL AID PROJECT
RIGHT-OF-WAY CLEARANCE
UTILITY ARRANGEMENTS
AUTHORITY AND METHOD PROCEDURE
Project No. 85 U-0833-01 (BHM 4832 (3)) Date July 30, 1985
City of Salina
WHEREAS, plans, specifications and estimates have been prepared for I
certain improvements in the City of Salina, and
WHEREAS, said improvement, designated by the Project Number
indicated above consists of 0.095 miles of Bridge work on local road or FAS/FAU j
Route as follows, City of Salina, Iron Avenue Bridge over Smoky Hill River, and
WHEREAS, the Secretary of Transportation of the State of Kansas,
hereinafter referred to as the Secretary, as agent for said City, under the
agreement dated , 1985, has checked and reviewed said
plans, specifications and estimates ana they are now ready for final approval by
the Secretary, and
WHEREAS, the Secretary now requests an expression from the City as
to the further procedure desired by the City, NOW THEREFORE,
BE IT HEREBY CERTIFIED that all right of way and easements for
borrow pits, channel changes and/or other construction as indicated on the plans
as necessary for the construction of said project have been acquired, including
legal and physical possession, by the City in accordance with the provisions of
the Certification of Real Property Acquisition Procedures, and that any
companies owning or operating utility or other facilities within the limits of the
right of way, as indicated on the plans for said project, have been contacted
and arrangements made for the moving, removing or adjusting of such facilities,
as may be necessary upon due notification of such companies, by the City
(D.O.T. Form No. 1304 listing such companies with headquarters address, and
giving the status of any required alterations, is attached hereto), and further,
BE IT RESOLVED that the Secretary be and is hereby authorized to I
proceed to contract the above -noted items of work and that City funds will be
available for the matching of Federal funds to finance construction work on this
project. The Secretary is authorized to proceed in accordance herewith under
the provisions of the agreement hereinbefore mentioned, j
Adopted by the Board of Commissioners 'and signed by the Mayor this
5th day of August, 1985.
[SEAL]
ATTEST:
D. L. Harrison, City Clerk
Approved:
Dean Boyer, City Engineer
Merle A. Hodges, M.D., Mayor
D.O.T. Form No. 1303
RESOLUTION NUMBER
STATE OF KANSAS
COUNTY/CITY FEDERAL AID PROJECT
RIGHT-OF-WAY CLEARANCE
UTILITY ARRANGEMENTS
AUTHORITY AND METHOD PROCEDURE
Project No. 85 U-0833-01 (BHM 4832 (3)) Date July 30, 1985
City of Salina
WHEREAS, plans, specifications and estimates have been prepared for
certain improvements in the City of Salina, and
WHEREAS, said improvement, designated by the Project Number
indicated above consists of 0.095 miles of Bridge work on local road or
FAS/FAU-Route as follows, City of Salina, Iron Avenue Bridge over Smoky
Hill River, and
WHEREAS, the Secretary of Transportation of the State of Kansas,
hereinafter referred to as the Secretary, as agent for said City, under the
agreement dated , 1985, has checked and reviewed said
plans, specifications and estimates and they are now ready for final approval,
by the Secretary, and
WHEREAS, the Secretary now requests an expression from the City as
to the further procedure desired by said City, NOW THEREFORE,
BE IT HEREBY CERTIFIED that all right of way and easements for
borrow pits, channel changes and/or other construction as indicated on the
plans as necessary for the construction of said project have been acquired,
including legal and physical possession, by the City in accordance with the
provisions of the Certification of Real Property Acquisition Procedures, and
that any companies owning or operating utilities or other facilities within
the limits of the right of way, as indicated on the plans for said project,
have been contacted.and arrangements made for the moving, removing or
adjusting of such facilities, as may be necessary upon due notification of
such companies, by the City (D.O.T. Form No. 1304 listing such companies,
with headquarters address, and giving the status of any required alterations,
is attached hereto), and further,
BE IT RESOLVED that the Secretary be and is hereby authorized to
proceed to contract the above -noted items of work and that City funds will be
available for the matching of Federal funds to finance construction work on this
project. The Secretary is authorized to proceed in accordance herewith under
the provisions of the agreement hereinbefore mentioned.
Adopted by the Board of Commissioners and signed by the Mayor this
5th day of August, 1985.
(SEAL)
ATTEST:
D. L. Harrison, City Clerk
Approved:
Dean Boyer, City Engineer
Merle A. Hodges, Mayor
D.O.T. Form No. 1303