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traffic signals/crawford/frontCITY OF SALINA REQUEST FOR COMMISSION ACTION DATE TIME 9/19/86 /;uu r.m. AGENDA SECTION: Administration ORIGINATING DEPARTMENT: APPROVED FOR NO. 8 AGENDA: Engineering ITEM NO. 3 ABY: Dean Boyer I BY: Ci Lt, -- This is a proposed agreement covering the responsibilities of the City and the Department of Transportation in connectionwith upgrading the traffic signal system at Crawford Street and Front Street Intersection Project. This agreement basically gives the Department of Transportation the authority to act in our behalf in obtaining and dispensing with Federal funds. Resolution No. 88-4009 should be passed_ approving -the Mayor and City Clerk to sign these agreements. COMMISSION ACTION MOTION BY SECOND BY TO: RESOLUTION NUMBER 88-4009 A RESOLUTION RELATING TO BENEFITS OBTAINABLE BY CITIES UNDER THE PROGRAM FOR FEDERAL AND STATE AID ON HIGHWAY CONSTRUCTION. BE IT RESOLVED by the Governing Body of the City of Salina, Kansas: Section 1. That the Mayor and City Clerk are authorized and directed to execute for and on behalf of the City of Salina, Kansas, Agreement No. 39-88 between the City and the Kansas Department of Transportation, giving the Secretary of Transportation of the State of Kansas authority to act for the City, and in its place and stead, to obtain for the City such benefits as are obtainable under the program of. the Federal and State Aid Plan of Highway Construction, and obtain the benefits of such legislation for the City on the terms and conditions set forth in such agreement as may be prepared and approved by the Secretary of Transportation for the improvement of the intersection of Crawford Street and Front Street, in the City of Salina designated as a city connecting link on the State Highway System and known as Project No. 85 U-1202-01, HES 4816 (011). Adopted by the Board of Commissioners and signed by the Mayor this 19th day of September, 1988. Sydney Soderberg, Mayor [SEAL] ATTEST: Robert K. Biles, City Clerk PROJECT NO. 85 U-1202-01 HES 4816(011) UPGRADE TRAFFIC SIGNALS CITY OF SALINA, KANSAS ON FEDERAL -AID SYSTEM AGREEMENT Agreement No. 39-88 This Agreement, made and entered into this day of , 19 , by and between the City of Salina, Kansas, hereinafter referred to as the Ci—and the Secretary of Transportation of the State of Kansas, hereinafter referred to as the Secretary. RECITALS: WHEREAS, The Secretary and the City are empowered by the Laws of Kansas to enter into agreements to enable them to participate in the benefits to be secured from federal -aid funds, or funds made available from the federal government for highway, road or street improvements, and WHEREAS, under the terms of the Federal -Aid Highway Act and the rules and regulations of the Federal Highway Administration, states and .cities are, under certain circumstances, entitled to receive assistance in the financing of the construction and reconstruction of streets and highways, provided, however, that in order to be eligible for such federal aid, such work is required to be done in accordance with the laws of the state and under the direct supervision of the Department of Transportation of such state, and WHEREAS, the City requests the Secretary to take such steps as are deemed by the Secretary to be necessary or advisable for the purpose of securing approval by the Federal Highway Administration of a safety project for upgrading the traffic signal system on the federal -aid system at the location described as follows: The intersection of Crawford Street and Front Street, in the City, and WHEREAS, the Secretary and the City desire to enter into an agreement covering the project, and WHEREAS, the City desires federal participation for implementation of the project, and WHEREAS, it is to the best interest of the inhabitants of the City that the project be completed and maintained on the project location. - 1 - No. 39-88 NOW, THEREFORE, in consideration of the premises and to secure the approval and construction of the project, the parties hereto mutually agree as follows: 1. That the project when approved shall be undertaken, prosecuted and completed for and on behalf of the City by the Secretary acting in all things as its agent and the City hereby constitutes and appoints the Secretary its agent, and all acts, proceedings, matters and things hereinafter done by the Secretary in connection therewith are hereby by the City authorized, adopted, ratified and confirmed to the same extent and with the same effect as though done directly by the City acting in its own individual corporate capacity instead of by its agent, except as otherwise modified by this Agreement. 2. The City agrees to prepare, or have prepared, the project plans under the direction of the Secretary. The plans for the project, when approved by the City, State Transportation Engineer and the Federal Highway Administration, are by reference made a part of this Agreement. 3. The City agrees that it will, in its own name as provided by law, acquire by purchase, dedication or condemnation all of the rights of way, easements and access rights shown on the approved plans in accordance with the schedule established by the Kansas Department of Transportation. It is agreed the necessary right of way be acquired in compliance with the Uniform Relocation and Real Property Acquisition Policies Act of 1970 as amended by the Surface Transportation and Uniform Relocation Assistance Act of 1987, and Administrative regulations contained in 49 CFR, Part 25 entitled "Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs." The City agrees to contact the Secretary if there will be any displaced person on the project prior to making the offer for the property. The City agrees to certify to the Secretary, on forms provided by the Bureau of Rural and Urban Develop- ment, that such rights of way, easements and access rights have been acquired. The City agrees that it will have recorded in the Office of the Register of Deeds all rights of way Deeds, Dedications, Permanent Easements, Temporary Easements and Appraiser Reports for condemnation of rights of way. 4. The City agrees that any change in the use of right of way or in the access after project construction has been accepted will require written approval by the Secretary. 5. The parties hereto agree that the Secretary will provide relocation assistance for eligible persons as defined in the "Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970" as amended by the Surface Transportation and Uniform Relocation Assistance Act of 1987, and as provided in 49 CFR, Part 25 entitled "Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs." 6. The Secretary agrees to let the contract for the project and shall award the contract to the lowest responsible bidder upon concurrence in the award by the City. The Secretary further agrees to supervise the construction of the project in accordance with the approved plans, as 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. - 2 - No. 39-88 7. The City agrees to deposit with the Secretary its estimated share of the total project expense based upon estimated approved contract quantities. The City further agrees to remit its estimated share within thirty (30) days after receipt of the "Authorization to Award Contract, Commitment of City Funds" resolution from the Secretary. 8. The Secretary agrees that within thirty (30) days after receipt of the Federal Highway Administration acknowledgement of final voucher claim, the KDOT Controller will prepare a complete and final billing of all project costs for which the City is responsible, and shall then transmit said complete and final billing to the City. 9. The City agrees to reimburse the Secretary for ten percent (10%) of the cost of all construction items in the approved plans plus ten percent (10%) of the cost of all contingency items. The City further agrees to reimburse the Secretary for ten percent (10%) of construction engineering expenses. However, if any items are found to be non -participating by the Federal Highway Adminis- tration, the total cost of these items will be paid for by the City. The City further agrees to make such payment to the Secretary within thirty (30) days after receipt of a complete and final billing from the KDOT Controller. 10. It is mutually agreed that any changes in plans during the progress of the work shall require approval in writing by the City and the Secretary and no change in plans or materials substitution will be permitted by the City without such approval. 11. The City agrees that it will move or adjust, or cause to be moved or adjusted, and will be responsible for such removal or adjustment of all existing structures, pole lines, pipe lines, meters, manholes and other utilities, publicly or privately owned, which may be necessary to construction of the project in accordance with the approved plans. The City further agrees that it will pay all costs associated with said removal or adjustment of utilities. New or existing utilities that have to be installed, moved or adjusted will be located or relocated in accordance with the Kansas Department of Transportation "Utility Accommodation Policy, Part Two -Utilities on Primary, Secondary and Urban Highways." 12. 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. 13. The City agrees to furnish the Secretary a list of existing. and known utilities within the right of way, accurate plans and drawings showing the location and nature of such utilities when requested, together with any proposed adjustments of same and designate an individual to be responsible for coordinat- -3- No. 39-88 ing the necessary removal or adjustment of utilities and report each month to the Department's District Engineer the progress of the removal or adjustment on forms furnished by the Secretary. 14. The City agrees to certify to the Secretary that all privately owned utilities occupying public right of way required for the construction of the project are permitted thereon by franchise, ordinance, agreement or permit and said instrument shall include a statement as to which party will bear the cost of future adjustments or relocation that may be required as a result of a street or highway improvements. 15. It is understood that the City and the Secretary shall determine the manner in which traffic is to be handled during construction. It is therefore agreed between the parties that before project plans have been completed, detour routes and street closings, if necessary, sha3l be agreed upon by authorized representatives of the City and the Secretary, and noted on the plans. If revisions to the traffic handling plan are proposed during the progress of construction, the City and the Secretary shall approve such revisions in writing before they become effective. The City further agrees that the Secretary or his or her authorized representative may act as its agent with full authority to determine the following: (a) the dates which said street closings shall commence and termi- nate (b) the appropriate type and location of barricades and signing to be placed on or about the project limits to prohibit through traffic The Secretary or his or her authorized representative shall notify the City of the determinations made pursuant to this section. 16. The City agrees that when said project is completed and approved that it will, at its own expense, maintain the project. Maintenance shall include, but not be limited to, replacing damaged signs and posts, pavement markings and lighting and traffic signal equipment; repairing damaged pavement, curb and sidewalk; and operating lighting and traffic signal installations. The City further agrees to make ample provisions each year for such maintenance. 17. The City agrees that it will establish and maintain a qualified traffic engineering unit or provide other means for the proper maintenance and operation of the project when completed. Failure by the City to fulfill this responsibility will disqualify the City from future federal -aid participation on projects for which the City would have maintenance responsibility. 18. The location, form and character of informational, regulatory and warning signs, of traffic signals and of curb and pavement or other markings installed or placed by public authority, or other agency, pursuant to this Agreement shall conform to the manual and specifications adopted under K.S.A. 8-2003, and shall be subject to the approval of the Federal Highway Adminis- tration. - 4 - No. 39-88 19. The City agrees that it will adopt an ordinance requiring the removal of all encroachments either on or above the limits of the right of way shown on the approved plans for this project and it will initiate and proceed with diligence to remove or require the removal of said encroachments. It is further agreed that all such encroachments be removed before the project is advertised for letting (provided, however, that if the Secretary is satisfied, with respect to any encroachment, that the physical removal thereof has been fully provided for between the City and the owner thereof and will be accomplished within a time sufficiently short to present no hindrance or delay to the construction of the project, the Secretary may cause the project to be advertised for letting before such encroachment is fully removed). The City further agrees that it will not in the future permit the erection of gas and fuel dispensing pumps upon the right of way of said project and it will require that any gas and fuel dispensing pumps erected, moved or installed along the project be placed no less than twelve feet (12') back of the right of way line. All right of way provided for the project shall be used solely for public street purposes and no signs, posters, billboards, roadside stands, fences, structures or other private installations shall be permitted within the right of way limits except as provided by state laws. 20. The City agrees to assist the Secretary in the evaluation of the effectiveness of the project with respect to safety. Accident data, traffic volume counts and other pertinent information will be provided to the Secretary as required to complete the evaluation. 21. The City agrees to control parking of vehicles on the city street throughout the length of the project covered by this Agreement. On -street parking will be permitted until such time as parking interferes with the orderly flow of traffic along the street. 22. The City agrees that the arterial characteristics inherent in the project require uniformity in information and regulations to the end that traffic may safely and expeditiously be served and shall adopt and enforce such rules and regulations governing traffic movements as may be deemed necessary or desirable by the Secretary and the Federal Highway Administration. 23. The City agrees to control the construction or use of any entrances along the project within the City other than those shown on the approved plans, unless prior written approval is obtained from the Secretary and the Federal Highway Administration. 24. The City agrees to adopt all necessary ordinances and/or resolutions and to take such legal steps as may be required to give full effect to the terms of this Agreement. 25. 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, the City's employees or subcontractors. The City shall not be required to indemnify and hold the Secretary harmless for negligent acts of the Secretary or his or her authorized representatives or employees. - 5 - No. 39-88 26. Responsibility for damage claims: The contractor shall indemnify and save the Secretary and the City harmless from and against all liability for damages, cost and expense arising out of any claim, suit, action, or otherwise for injuries and/or damages sustained to person or property by reason of the work performed by the contractor, his or her subcontractor, agents, or employees under this contract. 27. The parties do hereby agree that the "Special Attachment No. 1" attached hereto, pertaining to the implementation of the Civil Rights Act of 1964, and "Special Attachment No. 2" attached hereto, pertaining to certifica- tion by prospective participants as to current history regarding debarment, eligibility, indictments, convictions, or civil judgments are hereby made a part of this Agreement. 28. The City agrees to comply with the terms and provisions of 49 CFR Part 29 Debarment and Suspension (Non -Procurement) and to require its consultants, contractors, su contractors and suppliers to comply with the terms of 49 CFR Part 29 and obtain a certification on said subject matter. 29. The City agrees to comply and requires it consultants, contractors, and subcontractors and suppliers to comply with Public Law 100-202 effective December 27, 1987, concerning Foreign Contractor Restrictions. 30. It is further understood that this Agreement and all contracts entered into under the provisions of this Agreement shall be binding upon the Secretary and the City and their successors in office. IN WITNESS WHEREOF 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) by - 6 - THE CITY OF SALINA, KANSAS HORACE B. EDWARDS Secretary of Transportation FORM Special Attachment No. 1 Sheet 1 of 3 KANSAS DEPARTMENT OF TRANSPORTATION Special Attachment To Contracts or Agreements Entered Into By the Secretary of Transportation of the State of Kansas NOTE: Whenever this Special Attachment conflicts with provisions of the Document to which it is attached, this Special Attachment shall govern. THE CIVIL RIGHTS ACT OF 1964 AND REHABILITATION ACT OF 1973 NOTIFICATION The Secretary of Transportation for the State of Kansas,. in accordance with the provisions of Title VI and Title VII of the Civil Rights Act of 1964 (78 Stat. 252), 5504 of the Rehabilitation Act of 1973 (87 Stat. 355) .and the Regulations of the U.S. Department of Transportation (49 C.F.R., Part 21, 23 and 27), issued pursuant to succi Act, hereby notifies all contracting parties that, the con- tracting parties will affirmatively insure that this contract will be implement- ed without discrimination on the grounds of race, religion, color, sex, age, handicap, or national origin, as more specifically set out in the following eight 'Nondiscrimination Clauses'. CLARIFICATION Where the term 'consultant' appears in the following seven 'Nondiscrimination Clauses', the term 'consultant' is understood to include all parties to con- tracts or agreements with the Secretary of Transportation of the State of Kansas. Revised 8/27/86 Special Attachment No. 1 Sheet 2 of 3 Nondiscrimination Clauses During the performance of this contract, the consultant, or the consultant's assignees and successors in interest (hereinafter referred to as the 'consul— tant's), agrees as follows: (1) Compliance with Regulations: The consultant will comply with the Regulations of the U.S. Department of Transportation relative to nondiscrimination in federally—assisted programs of the U.S. Depart— ment of Transportation (Title 49, Code of Federal Regulations, Parts 21, 23 and 27, hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The consultant, with regard to the work performed by the consultant after award and prior to the completion of the contract work, will not discriminate on the grounds of race, religion, color, sex, age, handicap, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The consultant will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regula— tions. (3) Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all solicitations either competitive bidding or negotiation made by the consultant for work to be performed under a subcontract including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the consul— tant of the consultant's obligation under this contract and the Regulations relative to nondiscrimination on the grounds of race, religion, color, sex, age, handicap, or national origin. (4) Information and Reports: The consultant will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and the Secretary of Transportation of the State of Kansas will be permitted access to the consultants books, records, accounts, other sources of information, and facilities as may be determined by the Secretary of Transportation of the State of Kansas to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a consul— tant is in the exclusive possession of another who fails or refuses to furnish this information, the consultant shall so certify to the Secretary of Transportation of the State of Kansas and shall set forth what efforts it has made to obtain the information. (5) Employment: The consultant will not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, handicap, or national origin. Revised 8/27/86 t• Special Attachment No. I 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, t (7) Disadvantaged Business Obligation (a) Disadvantaged Businesses as defined in the Regulations, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this contract. (b) All necessary and reasonable steps shall be taken in accordance with the Regulations to ensure that Disadvantaged Businesses have the maximum opportunity to compete for and perform contracts. No person(s) shall be discriminated against on the basis of race, religion, color, sex, age, handicap or national origin in the award and performance of Federally—assisted contracts. (8) Incorporation of Provisions: The consultant will include the provi— sions of paragraph (1) through (8) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, order, or instructions issued pursuant thereto. The consultant will take such action with respect to any subcontract or procurement as the Secretary of Transportation of the State of Kansas may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that, in the event a consultant becomes involved in, or is _threatened with, litigation with a subcon— tractor or supplier as a result of such direction, the consultant may request the State to enter into such litigation to protect the interests of the State. Revised 8/27/86 Ju:. .. I G � ♦l��.i tlp G��. Sheet 1 of 1 CERTIFICATION BY PROSPECTIVE PARTICIPANTS AS TO CURRENT HISTORY REGARDING DEBARMENT, ELIGIBILITY, INDICTMENTS, CONVICTIONS, OR CIVIL JUDGEMENTS , President, Chairman, or Authorized Official being duly sworn (or under penalty or perjury under the laws of the United States), certifies tit, except as noted below, Agency or company or any person associated therewith in the capacity of Owner, partner, director, officer, principal investigator, project director, manager, auditor, or any other position involving the administration of federal funds is not currently under suspension, debarment, voluntary exclusion, or determina- tion of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past three years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgement rendered against (it) by a court or competent jurisdiction in any manner involving fraud or official misconduct within the past three years; Exceptions Exceptions will not necessarily result in denial of award, but will be considered in determining bidder or respondent responsibility. For any excep- tions noted, indicate below to whom it applies, initiating agency, and dates of action. Providing false information may result in criminal prosecution or administrative sanctions. Signature Sworn to before me a Notary Public in and for the County of State of , this day of , 19_. Notary Public My Commission expires A RESOLUTION RELATING TO BENEFITS OBTAINABLE BY -CITIES UNDER THE PROGRAM FOR FEDERAL AND STATE AID ON HIGHWAY CONSTRUCTION Be it Resolved by the Governing Body of the City of Salina That the Mayor and City Clerk are authorized and directed to execute for and on behalf of the City of sal;na , Kansas, Agreement No. 39-88 between the City and the Kansas Department of Transportation, giving the Secretary of Transportation of the State of Kansas authority to act for the City, and in its place and stead, to obtain for the City such benefits as are obtainable under the program of the Federal and State Aid Plan of Highway Construction, and obtain the benefits of such legislation for the City on the terms and conditions set forth in such.agreement as may be prepared and approved by the Secretary of Transportation for the improvement of t and Front'Street, in the ption gity_of Salina designated as a city connecting link on the State Highway System and known as Project No. 85 U-1202-01, HES 4816 (011) Passed by the (Council)(Commission) this _ day of , 19 (Approved)(Signed) , Mayor (SEAL) ATTEST: ' City Clerk AGENDA SECTION: NO. +ITEM INO. CITY OF SALINA REQUEST FOR COMMI SS.ION ACTION DATE I /, IGINATING DEPARTMENT: Engineering Dean TIME V. M. APPROVED FOR AGENDA: BY: This resolution from the Kansas Department of Transportation is asking for our concurrence in awarding the contract to B & W Electrical Contractors; Inc. to install upgraded traffic signals at.intersection of Crawford Street and Front Street. B & W submitted the only bid in the amount of $41,900.00. The City's share of this contract is $4,190.00. In addition to the City's ten percent (10%) on construction, we must fund a portion of the inspection phase of this contract. This project was authorized by the Salina City Commission on September 19, 1988. COMMISSION ACTION MOTION BY SECOND BY TO: 12-29-88 Date FEDERAL AID HAZARD ELIMINATION SAFETY AUTHORITY TO AWARD CONTRACT COMMITMENT OF CITY FUNDS Project No. 85 u-1202-01 HES 4816(011) City of Salina Saline County WHEREAS, Bids were recieved at Topeka , Kansas, on Dec. 15 , 1988 , for the performance of work covered by plans on the above numbered project, and WHEREAS, the bidder and the low bid or bids on work covered by this project: Contractor B & W Electrical Contractor, Inc. Division of Work Traffic Signal Installation Amount $ 41,900.00 WHEREAS, bids are considered satisfactory and have been recommended by the Secretary of Transportation of the State of Kansas, for consideration and acceptance by the City now, therefore, BE IT RESOLVED, that after due consideration by the City Commission/Council this bid or these bids are acceptable and said Secretary of Transportation is hereby authorized to award and execute the necessary contracts for completion of the work on this project as covered by such bid or bids. Federal -Aid: Participating Bid Cost $ 41,900.00 Construction Engineering LPA $ 0 Total Cost 108 of Total $ 41,900.00 $ 4,190.00 Non -Participating 13 BE IT FURTHER RESOLVED, that City funds in the amounts of $ 4,190.00 for the matching of federal funds and $ 0 for non -participating items, for a total of $ 4. 1 go 400 are required to complete this work, and are hereby pledged by the City to be remitted to the Controller of the Kansas Department of Transportation on or before Jan. 30 , 1989 , for use by the Secretary of Transportation of the state of Kansas, in making payments for construction work and engineering on the above designated project. Adopted this _ day of ATTEST: City Clerk , 19 _ at , Kansas Mayor 00' €9' VIP €9'bbi ------------ €3'bbi 1Nnov4v 1di303M 31VOIldIM1 JO :A8 03N303M SVENVN 30 3IVIS :WOkd.zl 03AI30-: 3:3NVH;) 032I30N3l zVsOIL GIVVLTVOOO SHUMN xa3 PONd (IIO)9i8b-S3H/T0-ZOZI-fl 'I %f H 3N3J- S 1103NK'1'I3J S £S95Z ON1d13J3lj 06/6I/ZI 9EL0-ZObL9 sesueN `eulleg 9EL XOS'O'd £59�G euyes jo Ain NOIldIMOS30 12-29-88 Date FEDERAL AID HAZARD ELIMINATION SAFETY AUTHORITY TO AWARD CONTRACT COMMITMENT OF CITY FUNDS Project No. 85 U-1202-01 HES 4816(011) City of Salina Saline County WHEREAS, Bids were recieved at Topeka , Kansas, on Dec. 15 1988 , for the performance of work covered by plans on.the above numbered project, and WHEREAS, the bidder and the low bid or bids on work covered by this project: Contractor B & W Electrical Contractor, Inc. i Division of Work Traffic Signal Installation Amount $ 41,900.00 WHEREAS, bids are considered satisfactory and have been recommended by the Secretary of Transportation of the State of Kansas, for consideration and acceptance by the City now, therefore, BE IT RESOLVED, that after due consideration by the City Commission/Council this bid or these bids are acceptable and said Secretary of Transportation is hereby authorized to award and execute the necessary contracts for completion of the work on this project as covered by such bid or bids. Federal -Aid: Participating Non -Participating Bid Cost $ 41,900.00 $ Construction Engineering LPA $ 0 $ Total Cost $ 41,900.00 $ 10% of Total $ 4,190.00 BE IT FURTHER RESOLVED, that City funds in. the amounts of $4,190-00 for the matching of federal funds and $ 0 for non -participating items, for a total of $4,390.00 are required to complete this work, and are hereby pledged by the City to be remitted to the Controller of the Kansas Department of Transportation on or before Jan. 30 , 1989 , for use by the Secretary of Transportation of the state of Kansas,inn making payments for construction work and engineering on the above designated project. Adopted this day of , 19 at Kansas ATTEST: City Clerk - Mayor )TATE OF KANSAS Depanment of Admioisoauon Division of Accounts and Repots DA -120 DOT -2 (Rev. 2-90) 2&F PAYMENT VOUCHER wamnt Na A gancy No. Div.Na Current b"'/� J� 276 V y Document Date: 121290 Effective Date: DEC 13 1990 Due Date: Vendor Information Paying Agency Name & Address 486017228 02 Kansas Department of Transportation No/sfx Bureau of Fiscal Services Name City of Salina Docking State Office Bldg. 7th Floor — 915 Harrison Street P C)Box 796 Topeka, Kansas 66612 City Salina, State KS Zip 67I.Q2 - 0736 St. T!C Ref. Doc. SIX, M Fund BFY Index PCA Sub -Obi Det Amoum 01 705 C0981026 O F 4200 89 9900 99110 2710 144.63 Invma No. Description Agency Use St. TIC Rcf. Doc. Sfx M Fusel BFY Index PCA Sub -Obi Dot Atrount 02 Imoitt No. Dcuripdon Agana, Use Sfx TIC Ref. Doc. Sfx M FmM BFY Index PCA Sub -Obi net Amount 03 I Invoice No, Description Agency Use St. T/C Ref. Doc. Sfx M Fund BFY Index 1'CA Sub -Obi Det Amount 04 I I Invoice No. Description Agemy Use Document Toter. - 144.63 Date and Invoice No. Quantity Unit Description Unit Price Amount Project 851J-1202-01 HES-4816(011) Engineering Agreement Date 12-12-88 Final Retainage Payment per audit Total Claimed -to Date 3,214.07 Less City Share (10%) 321.41 Subtotal 2,892.66 Less Previous Payments 2,748.03 Retainage Due City 144.63 mens Total S '•T4Gf,9'- Audited: Coded: Approved• Approv Approved: officer in char Bureau Chi its. En . Sum Tnnspasadon Convuller I do hereby certify that the above bill is just, correct, and remains due and unpaid, and that I as heFeby certify that tile -within was contracted for the State, under the amount claimed therein is actually due according to the law. authority of law, and that the amount therein claimed is correct according to such contract and is unpaid. (Clairtunt sign hem) (Firm Name) By Date 9 Rev. 2-90 AN EQUAL OPPORTUNITY EMPLOYER D.O.T. FORM NO. 424 Ot umion Project -ID FUM. Unit Pmject Amvfty Tub D.A. Acct PmjJ Sub.P g.- D.O.T. Acct ObjM Qmntity ItemM Amount Dist Burl Anm Sew Na Jori& No, Suge type Numhcr 2 08 110 U 1202 01 05 29 9900 9911 5400 271.01 1d1333tt IVNIOIWO DO :AS (13AI3038 syst ai a0 SIMS V408=1 03A130= 00' aDtmm £0' SW Z asusaNss OWLL£61000 'iSGKnN XOMD £0' 84L' Z 7va.01 --------- ro-dd(TTO)9T84 sm/TO-ZOZT-nss £0'SbL'Z ZKZISNzf)-SnoSt1F 'I33SIFI LNnoiNy 0662 ON ldl3�3a 68/9T/8 O66ZO 9SL0-ZObL9 sesue)l `eulles 9EL X08'O'd eulleg Jo An ---- ---- STment of KANSAS VOUCHER Department of AdmiNetra; ' Warrant No. vision of AXcounb and Reporie AUG 1 0 1988 DA laOT- - (Rev, 2.85)_ __ Pmnt.IJO,7 Alignment Form No. 120 D01e 8704-89 Code Alignment Voucher 2 No cher 276 82046 Encumbrance Number . Sub•Agy. Fund FY Sub -Acct. Prog. Act. Obj. Amount Agency Use 981026—_ 00 4200 _ 9 9900 -9911 271 $2,748.03 I _ "Force Account Agreement"_ Update Addres,�— •VENDOR INFORMATION I TOTAL .31 Tax s sawn 4 °l°— Tax ID --_— .---� A&R Use $2.,748.03 _ 48 6017228 only State Agency or Division NAME�t---PiO-. city -of $dl Ind Kd11Sa5 - ' KANSAS DEPARTMENT OF TRANSPORTATION Box 736 MAIL VOUCHER TO Randy H. West, P.E. STREET (.� •, Area Engineer CITY, d-- Salina, Kansas- ,--•--,-•s�,)--Al-_ Box 857 sT•• 67402-0736_____ Salina, Kansas 67402-0857 Date Quantity Unit lat & Final Description Unit Price Amount Project No. 85U-1202-01/HES 4816 (011) County Saline Engineering Agreement Date 2- 2-88 Total Compensation not to Exceed $4,408.14 Previously Earned — Federal Share Requested 90% 0.00 Previous Payment (95%) $ 0.00 Total Claimed to Date $3,214.07 Federal Share Requested 9 ,89 6 Less: 5% Audit Retainage 4.63 Sub Total' , $2,748.03 Less: Previ ousayments 0.00 Amount Due Vendor$2,748.03 Refer to attached Detailed Itemized Statement of amount being claimed, - Total This Voucher $2,748.03 Audited: Coded: Ap oved: Randy H. ftt eP6arEe officer Approved: D. M. TEe3t 3, Chie0f�D4t. Engr. Approved: State Transportation Controller I do hereby certify that the above bill is just, correct, and remains due and unpaid, and that the amount claimed therein is actually due according to law. I do hereby certify that the within was contracted for the State, under authority of law, and that the amount. therein claimed is correct according to such contract and is unpaid. (Sign here) City of Salina � JFbm Neme) y� � BY IsII ;1/ secretary )Ate August 1 , 1989 [� Date ___. 19 /I•I�1 AN EQUAL OPPORTUNITY EMPLOYER' v" D.O.T. Foran No. 424 Organization project - IDr 90 « 6w 4 project Activity t�°.. 7a D.A. Acct. 0.0.T. Acct. Object 7 g b3 Item ID Amount Dist. Bur./ Area Serial No. Jurb. No. Stags Type Number 2 08 In U 1202 01 57 2 11 9M 5400 271.01 3.053 37 2 08 110 D 12M 01 27 9911 9900 5400 271.99 Credit Card '305 34ti Attachment to DOT 424 Form Force Account Claim Detailed Itemized Statement of Amount being Claimed by LPA (City of Salina) Date: 8-1-89 Project No.: _SSU -_T_20 - H S8 6 0 For Services from: -b- t rougg 7-26-89 Billing Statement No.: I Final Labor: Name Title Class Hours Rate B. Hummel Sr. Eng. Reg. 160 @ $13.25 = Technician D. Klanke Eng. Aide Reg. 33 @ 9.17 = R. Bourbina Eng. Aide Reg. 10 @ 9.17 = Salary Totals: _ Fringe Benefits: ` B. Hummel 25% x $2,120.00 D. Klanke 22% x 302.61 R. Bourbina 29% x 91.70 Fringe Totals: Direct Expense: Van (Unit #210): 1280 miles @1$0.220 Survey Supplies, etc.: Amount $2,120.00 . 302.61 91.70 $2,514.31 $ 530.00 66.57 26.59 $ 623.16 _ $ 61.60 15.00 Total Cost being Claimed: $3,214.07 Federal.; Share Requested (90%):', $2,892.66 Less 5% Retainage: $ 144.63 Total this Voucher: _ $2,748.03 Horace B. Edwards Secretary of Transportation STATE OF KANSAS KANSAS DEPARTMENT OF TRANSPORTATION Docking State Office Building Topeka 66612-1568 (913)296-3566 Bureau of Fiscal Services October 18, 1989 KDOT Project No.: 85U-1202-01 HES 4816(11) City of Salina City County Building 300 W. Ash P.O. Box 736 Salina, Kansas 67401 Dear Sir: Mike Hayden Governor of Kansas Attached you will find a Statement of Preliminary Project Cost for work performed under our agreement number 39-88 dated September 19, 1988. The location of the project is generally described as: A safety project for upgrading the traffic signal system at the intersection of Crawford Street and Front Street in Salina, Saline County, Kansas. The attached Statement is subject to revision and is not to be construed as being a Statement of Final Cost. A Statement of Final Cost will be prepared at the appropriate time; however, the attached information may assist you with your financial planning. Dale Jost Chief of Bureau of Fiscal Services pAavi;?�X--�'�e By: mith Chief Accountant - Federal Aid DJ:DGS:pdr cc: Bureau of Local Projects Bureau of Construction and Maintenance KANSAS DEPARTMENT OF TRANSPORTATION PRELIMINARY STATEMENT OF PROJECT COST PROJECT NO. 85U-1202-01 HES 4816(11) CONTRACT COST OF TRAFFIC SIGNAL INSTALLATION TOTAL FHWA PARTICIPATING CONTRACT COST ESTIMATED COST OF CONSTRUCTION ENGINEERING BY CITY OF SALINA ESTIMATED COST OF CONSTRUCTION ENGINEERING BY KDOT TOTAL FHWA NONPARTICIPATING COST OF CONSTRUCTION ENGINEERING TOTAL FHWA PARTICIPATING PROJECT COST FHWA NONPARTICIPATING ITEMS: FEDERAL AID BILLING TOTAL ACTUAL PROJECT COST LESS FEDERAL FUNDS (46,427.64X90%) TOTAL ESTIMATED CITY SHARE LESS CITY FUNDS DEPOSITED CITY PREPAID ON LPA AGREEMENT (3,214.07- 2,892.66) ESTIMATED AMOUNT CITY OWES KDOT 41,900.00 3,214.07 1,313.57 41,900.00 4,527.64 149.71 46,577.35 41,784.88 4,792.4T- 4,190.00 ,792. +- 4,190.00 321.41 PROJECT NO. 85 U-1202-01 HES 4816(011) UPGRADE TRAFFIC SIGNALS CITY OF SALINA, KANSAS ON FEDERAL -AID SYSTEM AGREEMENT Agreement No. 39-88 This Agreement, made and entered into thisday of , 19 by and between the City of Salina, Kansas, hereinafter r ferred 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 City are empowered by the Laws of Kansas to enter into agreements to enable them to participate in the benefits to be secured from federal -aid funds, or funds made available from the federal government for highway, road or street improvements, and WHEREAS, under the terms of the Federal -Aid Highway Act and the rules and regulations of the Federal Highway Administration, states and.cities are, under certain circumstances, entitled to receive assistance in the financing of the construction and reconstruction of streets and highways, provided, however, that in order to be eligible for such federal aid, such work is required to be done in accordance with the laws of the state and under the direct supervision of the Department of Transportation of such state, and WHEREAS, the City requests the Secretary to take such steps as are deemed by the Secretary to be necessary or advisable for the purpose of securing approval by the Federal Highway Administration of a safety project for upgrading the traffic signal system on the federal -aid system at the location described as follows: The intersection of Crawford Street and Front Street, in the City, and WHEREAS, the Secretary and the City desire to enter into an agreement covering the project, and WHEREAS, the City desires federal participation for implementation of the project, and WHEREAS, it is to the best interest of the inhabitants of the City that the project be completed and maintained on the project location. -i- No. 39-88 NOW, THEREFORE, in consideration of the premises and to secure the approval and construction of the project, the parties hereto mutually agree as follows: 1. That the project when approved shall be undertaken, prosecuted and completed for and on behalf of the City by the Secretary acting in all things as its agent and the City hereby constitutes and appoints the Secretary its agent, and all acts, proceedings, matters and things hereinafter done,by the Secretary in connection therewith are hereby by the City authorized, adopted, ratified and - confirmed to the same extent and with the same effect as though done directly by the City acting in its own individual corporate capacity instead of by its agent, except as otherwise modified by this Agreement. 2. The City agrees to prepare, or have prepared, the project plans under the direction of the Secretary. The plans for the project, when approved by the City, State Transportation Engineer and the Federal Highway Administration, are by reference made a part of this Agreement. 3. The City agrees that it will, in its own name as provided by law, acquire by purchase, dedication or condemnation all of the rights of way, easements and access rights shown on the approved plans in accordance with the schedule established by the Kansas Department of Transportation. It is agreed the necessary right.of way be acquired in compliance with the Uniform Relocation and Real Property Acquisition Policies Act of 1970 as amended by the Surface Transportation and Uniform Relocation Assistance Act of 1987, and Administrative regulations contained in 49 CFR, Part 25 entitled "Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs." The City agrees to contact the Secretary if there will be any displaced person on the project prior to making the offer for the property. The City agrees to certify to the Secretary, on forms provided by the Bureau of Rural and Urban Develop- ment, that such rights of way, easements and access rights have been acquired. The City agrees that it will have recorded in the Office of the Register of Deeds all rights of way Deeds, Dedications, Permanent Easements, Temporary Easements and Appraiser Reports for condemnation of rights of way. 4. The City agrees that any change in the use of right of way or in the access after project construction has been accepted will require written approval by the Secretary. 5. The parties hereto agree that the Secretary will provide relocation assistance for eligible persons as defined in the "Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970" as amended by the Surface Transportation and Uniform Relocation Assistance Act of 1987, and as provided in 49 CFR, Part 25 entitled "Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs." 6. The Secretary agrees to let the contract for the project and shall award the contract to the lowest responsible bidder upon concurrence in the award by the City. The Secretary further agrees to supervise the construction of the project in accordance with the approved plans, as 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. - 2 - No. 39-88 7. The City agrees to deposit with the Secretary its estimated share of the total project expense based upon estimated approved contract quantities. The City further agrees to remit its estimated share within thirty (30) days after receipt of the "Authorization to Award Contract, Commitment of City Funds" resolution from the Secretary. 8. The Secretary agrees that within thirty (30) days after receipt of the Federal Highway Administration acknowledgement of final voucher claim, the KDOT Controller will prepare a complete and final billing of all project costs for which the City is responsible, and shall then transmit said complete and final billing to the City. 9. The City agrees to reimburse the Secretary for ten percent (10%) of the cost of all construction items in the approved plans plus ten percent (10%) of. the cost of all contingency items. The City further agrees to reimburse the Secretary for ten percent (10%) of construction engineering expenses. However, if any items are found to be non -participating by the Federal Highway Adminis- tration, the total cost of these items will be paid for by the City. The City further agrees to make such payment to the Secretary within thirty (30) days after receipt of a complete and final billing from the KDOT Controller. 10. It is mutually agreed that any changes in plans during the progress of the work shall require approval in writing by the City and the Secretary and no change in plans or materials substitution will be permitted by the City without such approval. 11. The City agrees that it will move or adjust, or cause to be moved or adjusted, and will be responsible for such removal or adjustment of all existing structures., pole lines, pipe lines, meters, manholes and other utilities, publicly or privately owned, which may be necessary to construction of the project in accordance with the approved plans. The City further agrees that it will pay all costs associated with said removal or adjustment of utilities. New or existing utilities that have to be installed, moved or adjusted will be located or relocated in accordance with the Kansas Department of Transportation "Utility'Accommodation Policy, Part Two -Utilities on Primary, Secondary and Urban Highways." 12. 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. 13. The City agrees to furnish the Secretary a list of existing and known utilities within the right of way, accurate plans and drawings showing the location and nature of such utilities when requested, together with any proposed adjustments of same and designate an individual to be responsible for coordinat- -3- uOWkH:ll ing the necessary removal or adjustment of utilities and report each month to the Department's District Engineer the progress of the removal or adjustment on forms furnished by the Secretary. 14. The City agrees to certify to the Secretary that all privately owned utilities occupying public right of way required for the construction of the project are permitted thereon by franchise, ordinance, agreement or permit and said instrument shall include a statement as to which party will bear the cost of future adjustments or relocation that may be required as a result of a street or highway improvements. 15. It is understood that the City and the Secretary shall determine the manner in which traffic is to be handled during construction. It is therefore agreed between the parties that before project plans have been completed, detour routes and street closings, if necessary, shall be agreed upon by authorized representatives of the City and the Secretary, and noted on the plans. If revisions to the traffic handling plan are proposed during the progress of construction, the City and the Secretary shall approve such revisions in writing before they become effective. The City further agrees that the Secretary or his or her authorized representative may act as its agent with full authority to determine the following: (a) the dates which said street closings shall commence and termi- nate (b) the appropriate type and location of barricades and signing to be placed on or about the project limits to prohibit through traffic The Secretary or his or her authorized representative shall notify the City of the determinations made pursuant to this section. 16. The City agrees that when said project is completed and approved that it will, at its own expense, maintain the project. Maintenance shall include, but not be limited to, replacing damaged signs and posts, pavement markings and lighting and traffic signal equipment; repairing damaged pavement, curb and sidewalk; and operating lighting and traffic signal installations. The City further agrees to make ample provisions each year for such maintenance. 17. The City agrees that it will establish and maintain a qualified traffic engineering unit or provide other means for the proper maintenance and operation of the project when completed. Failure by the City to fulfill this responsibility will disqualify the City from future federal -aid participation on projects for which the City would have maintenance responsibility. 18. The location, form and character of informational, regulatory and warning signs, of traffic signals and of curb and pavement or other markings installed or placed by public authority, or other agency, pursuant to this Agreement shall conform to the manual and specifications adopted under K.S.A. 8-2003, and shall be subject to the approval of the Federal Highway Adminis- tration. - 4 - No. 39-88 19. The City agrees that it will adopt an ordinance requiring the removal of all encroachments either on or above the limits of the right of way shown on the approved plans for this project and it will initiate and proceed with diligence to remove or require the removal of said encroachments. It is further agreed that all such encroachments be removed before the project is advertised for letting (provided, however, that if the Secretary is satisfied, with respect to any encroachment, that the physical removal thereof has been fully provided for between the City and the owner thereof and will be accomplished within a time sufficiently short to present no hindrance or delay to the construction of the project, the Secretary may cause the project to be advertised for letting before such encroachment is fully removed). The City further agrees that it will not in the future permit the erection of gas and fuel dispensing pumps upon the right of way of said project and it will require that any gas and fuel dispensing pumps erected, moved or installed along the project be placed no less than twelve feet (12') back of the right of way line. All right of way provided for the project shall be used solely for public street purposes and no signs, posters, billboards, roadside stands, fences, structures or other private installations shall be permitted within the right of way limits except as provided by state laws. 20. The City agrees to assist the Secretary in the evaluation of the effectiveness of the project with respect to safety. Accident data, traffic volume counts and other pertinent information will be provided to the Secretary as required to complete the evaluation. 21. The City agrees to control parking of vehicles on the city street throughout the length of the project covered by this Agreement. On -street parking will be permitted until such time as parking interferes with the orderly flow of traffic along the street. 22. The City agrees that the arterial characteristics inherent in the project require uniformity in information and regulations to the end that traffic may safely and expeditiously be served and shall adopt and enforce such rules and regulations governing traffic movements as may be deemed necessary or desirable by the Secretary and the Federal Highway Administration. 23. The City agrees to control the construction or use of any entrances along the project within the City other than those shown on the approved plans, unless prior written approval is obtained from the Secretary and the Federal Highway Administration. 24. The City agrees to adopt all necessary ordinances and/or resolutions and to take such legal steps as may be required to give full effect to the terms of this Agreement. 25. 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, the City's employees or subcontractors. The City shall not be required to indemnify and hold the Secretary harmless for negligent acts of the Secretary or his or her authorized representatives or employees. - 5 - No. 39-88 26. Responsibility for damage claims: The contractor shall indemnify and save the Secretary and the City harmless from and against all liability for damages, cost and expense arising out of any claim, suit, action, or otherwise for injuries and/or damages sustained to person or property by reason of the work performed by the contractor, his or her subcontractor, agents, or employees under this contract. 27. The parties do hereby agree that the "Special Attachment No. 1" attached hereto, pertaining to the implementation of the Civil Rights Act of 1964, and "Special Attachment No. 2" attached hereto, pertaining to certifica- tion by prospective participants as to current history regarding debarment, eligibility, indictments, convictions, or civil judgments are hereby made a part of this Agreement. 28. The City agrees to comply with the terms and provisions of 49 CFR Part 29 Debarment and Suspension (Non -Procurement) and to require its consultants, contractors, su contractors an suppliers to comply with the terms of 49 CFR Part 29 and obtain a certification on said subject matter. 29. The City agrees to comply and requires it consultants, contractors, and subcontractors and suppliers to comply with Public Law 100-202 effective December 27, 1987, concerning Foreign Contractor Restrictions. 30. It is further understood that this Agreement and all contracts entered into under the provisions of this Agreement shall be binding upon the Secretary and the City and their successors in office. IN WITNESS WHEREOF 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 by - 6 - HORACE B. EDWARDS Secretary of Transportation / PORE[ APPROVED r Special Attachment No. 1 Sheet I of 3 KANSAS DEPARTMENT OF TRANSPORTATION Special Attachment To Contracts or Agreements Entered Into By the Secretary of Transportation of the State of Kansas NOTE: Whenever this Special Attachment conflicts with provisions of the Document to which it is attached, this Special Attachment shall govern. THE 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 succi Act, hereby notifies all contracting parties that, the con— tracting parties will affirmatively insure that this contract will be implement— ed without discrimination on the grounds of race, religion, color, sex, age, handicap, or national origin, as more specifically set out in the following eight 'Nondiscrimination Clauses'. CLARIFICATION Where the term 'consultant' appears in the following seven 'Nondiscrimination Clauses', the term 'consultant' is understood to include all parties to con— tracts or agreements with the Secretary of Transportation of the State of Kansas. Revised 8/27/86 i Special Attachment No. 1 Sheet 2 of 3 Nondiscrimination Clauses During the performance of this contract, the consultant, or the consultant's assignees and successors in interest (hereinafter referred to as the 'consul- tant's), agrees as follows: (1) Compliance with Regulations: The consultant will comply with the Regulations of the U.S. Department of Transportation relative to nondiscrimination in federally -assisted programs of the U.S. Depart- ment of Transportation (Title 49, Code of Federal Regulations, Parts 21, 23 and 27, hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The consultant, with regard to the work performed by the consultant after award and prior to the completion of the contract work, will not discriminate on the grounds of race, religion, color, sex, age, handicap, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The consultant will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regula- tions. (3) Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all solicitations either competitive bidding or negotiation made by the consultant for work to be performed under a subcontract including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the consul- tant of the consultant's obligation under this contract and the Regulations relative to nondiscrimination on the grounds of race, religion, color, sex, age, handicap, or national origin. (4) Information and Reports: The consultant will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and the Secretary of Transportation of the State of Kansas will be permitted access to the consultants books, records, accounts, other sources of information, and facilities as may be determined by the Secretary of Transportation of the State of Kansas.to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a consul- tant is in the exclusive possession of another who fails or refuses to furnish this information, the consultant shall so certify to the Secretary of Transportation of the State of Kansas and shall set forth what efforts it has made to obtain the information. (5) Employment: The consultant will not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, handicap, or national origin. Revised 8/27/86 I Special Attachment No. 1 Sheet 3 of 3 (6) Sanctions for Noncompliance: to 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. t (7) Disadvantaged Business Obligation (a) Disadvantaged Businesses as defined in the Regulations, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this contract. (b) All necessary and reasonable steps shall be taken in accordance with the Regulations to ensure that Disadvantaged Businesses have the maximum opportunity to compete for and perform contracts. No person(s) shall be discriminated against on the basis of race, religion, color, sex, age, handicap or national origin in the award and performance of Federally—assisted contracts. (8) Incorporation of Provisions: The consultant will include the provi— sions of paragraph (1) through (8) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, order, or instructions issued pursuant thereto. The consultant will take such action with respect to any subcontract or procurement as the Secretary of Transportation of the State of Kansas may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that, in the event a consultant becomes involved in, or is.threatened with, litigation with a subcon— tractor or supplier as a result of such direction, the consultant may request the State to enter into such litigation to protect the interests of the State. Revised 8/27/86 Z�v� Sheet 1 of 1 CERTIFICATION BY PROSPECTIVE PARTICIPANTS AS TO CURRENT HISTORY REGARDING DEBARMENT, ELIGIBILITY, INDICTMENTS, CONVICTIONS, OR CIVIL JUDGEMENTS President, Chairman, or Authorized Official being duly sworn (or under penalty or perjury under the laws of the United States), certifies that, except as noted below, Agency or company or any person associated therewith in the capacity of Owner, partner, director, officer, principal investigator, project director, manager, auditor, or any other position involving the administration of federal funds is not currently under suspension, debarment, voluntary exclusion, or determina- tion of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past three years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgement rendered against (it) by a court or competent jurisdiction in any manner involving fraud or official misconduct within the past three years; Exceptions Exceptions will not necessarily result in denial of award, but will be considered in determining bidder or respondent responsibility. For any excep- tions noted, indicate below to whom it applies, initiating agency, and .dates of action. Providing false information may result in criminal prosecution or administrative sanctions. Signature Sworn to before me a Notary Public in and for the County of State of , this day of , 19 Notary Public My Commission expires RESOLUTION NUMBER 88-4009 A RESOLUTION RELATING TO BENEFITS OBTAINABLE BY CITIES UNDER THE PROGRAM FOR FEDERAL AND STATE AID ON HIGHWAY CONSTRUCTION. II Kansas: BE IT RESOLVED by the Governing Body of the City of Salina, Section I. That the Mayor and City Clerk are authorized and directed to execute for and on behalf of the City of Salina, Kansas, Agreement No. 39-88 between the City and the Kansas Department of Transportation, giving the Secretary of Transportation of the State of Kansas authority to act for the City, and in its place and stead, to obtain for the City such benefits as are obtainable under the program of the Federal and State Aid Plan of Highway Construction, and obtain the benefits of such legislation for the City on the terms and conditions set forth in such agreement as may be prepared and approved by the Secretary of Transportation for the improvement of the intersection of Crawford Street and Front Street, in the City of Salina designated as a city connecting link on the State Highway System and known as Project No. 85 U-1202-01, HES 4816 (011) . Adopted by the Board of Commissioners and signed by the Mayor this ` 19th day of September, 1988. Sydney/Soderberg,.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 88-4009 was adopted by the Board of Commissioners at its regular meeting on September 19, 1988, and that the above and foregoing is a true and correct copy of the original on file in my office. [SEAL] Robert K. Biles, ity Clerk CITY OF SALINA REQUEST FOR COMMISSION ACTION DATE TIME 9/19/88 7:00 P.M. AGENDA SECTION: Administration ORIGINATING DEPARTMENT: APPROVED FOR NO. 8 AGENDA: Engineering ITEM NO, 3 BY: Dean Bover BY: < ;— ( (� This is a proposed agreement covering the responsibilities of the City and the Department of Transportation in connection with upgrading the traffic signal system at Crawford Street and Front Street Intersection Project. This agreement basically gives the. Department of Transportation the authority to act in our behalf in obtaining and dispensing with Federal funds. Resolutioh'NoC 88-4009 should be passed approving -the Mayor and City Clerk to sign these'agreements. COMMISSION ACTION MOTION BY SECOND BY TO: RESOLUTION NUMBER 88-4009 A RESOLUTION RELATING TO BENEFITS OBTAINABLE BY CITIES (UNDER THE PROGRAM FOR FEDERAL AND STATE AID ON HIGHWAY CONSTRUCTION. BE IT RESOLVED by the Governing Body of the City of Salina, Kansas: Section I. That the Mayor and City Clerk are authorized and directed to execute for and on behalf of the City of Salina, Kansas, Agreement No. 39-88 between the City and the Kansas Department of Transportation, giving the Secretary of Transportation of the State of Kansas authority to act for the City, and in its place and stead, to obtain for the City such benefits as are obtainable under the program of the Federal and State Aid Plan of Highway Construction, and obtain the benefits of such legislation for the City on the terms and conditions set forth in such agreement as may be prepared and approved by the Secretary of Transportation for the Improvement of the Intersection of Crawford Street and Front Street, in the City of Salina designated as a city connecting link on the State Highway System and known as Project No. 85 U-1202-01, HES 4816 (011). Adopted by the Board of Commissioners and signed by the Mayor this 19th day of September, 1988. Sydney Soderberg, Mayor [SEAL] ATTEST: Robert K. Biles, City Clerk PROJECT N0. 85 U-1202-01 HES 4816(011) UPGRADE TRAFFIC SIGNALS CITY OF SALINA, KANSAS ON FEDERAL -AID SYSTEM AGREEMENT Agreement No. 39-88 This Agreement, made and entered into this day of , 19 , by and between the City of Salina, Kansas, Tereinafter referred to as t e City, and the Secretary of Transportation of the State of Kansas, hereinafter referred to as the Secretary. RECITALS: WHEREAS, The Secretary and the City are empowered by the Laws of Kansas to enter into agreements to enable them to participate in the benefits to be secured from federal -aid funds, or funds made available from the federal government for highway, road or street improvements, and WHEREAS, under the terms of the Federal -Aid Highway Act and the rules and regulations of the Federal Highway Administration, states and.cities are, under certain circumstances, entitled to receive assistance in the financing of the construction and reconstruction of streets and highways, provided, however, that in order to be eligible for such federal aid, such work is required to be done in accordance with the laws of the state and under the direct supervision of the Department of Transportation of such state, and WHEREAS, the City requests the Secretary to take such steps as are deemed by the Secretary to be necessary or advisable for the purpose of securing approval by the Federal Highway Administration of a safety project for upgrading the traffic signal system on the federal -aid system at the location described as follows: The intersection of Crawford Street and Front Street, in the City, and WHEREAS, the Secretary and the City desire to enter into an agreement covering the project, and WHEREAS, the City desires federal participation for implementation of the project, and WHEREAS, it is to the best interest of the inhabitants of the City that the project be completed and maintained on the project location. -1- No. 39-88 NOW, THEREFORE, in consideration of the premises and to secure the approval and construction of the project, the parties hereto mutually agree as follows: 1. That the project when approved shall be undertaken, prosecuted and completed for and on behalf of the City by the Secretary acting in all things as its agent and the City hereby constitutes and appoints the Secretary its agent, and all acts, proceedings, matters and things hereinafter done by the Secretary in connection therewith are hereby by the City authorized, adopted, ratified and confirmed to the same extent and with the same effect as though done directly by the City acting in its own individual corporate capacity instead of by its agent, except as otherwise modified by this Agreement. 2. The City agrees to prepare, or have prepared, the project plans under the direction of the Secretary. The plans for the project, when approved by the City, State Transportation Engineer and the Federal Highway Administration, are by reference made a part of this Agreement. 3. The City agrees that it will, in its own name as provided by law, acquire by purchase, dedication or condemnation all of the rights of way, easements and access rights shown on the approved plans in accordance with the schedule established by the Kansas Department of Transportation. It is agreed the necessary right of way be acquired in compliance with the Uniform Relocation and Real Property Acquisition Policies Act of 1970 as amended by the Surface Transportation and Uniform Relocation Assistance Act of 1987, and Administrative regulations contained in 49 CFR, Part 25 entitled "Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs." The City agrees to contact the Secretary if there will be any displaced person on the project prior to making the offer for the property. The City agrees to certify to the Secretary, on forms provided by the Bureau of Rural and Urban Develop- ment, that such rights of way, easements and access rights have been acquired. The City agrees that it will have recorded in the Office of the Register of Deeds all rights of way Deeds, Dedications, Permanent Easements, Temporary Easements and Appraiser Reports for condemnation of rights of way. 4. The City agrees that any change in the use of right of way or in the access after project construction has been accepted will require written approval by the Secretary. 5. The parties hereto agree that the Secretary will provide relocation assistance for eligible persons as defined in the "Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970" as amended by the Surface Transportation and Uniform Relocation Assistance Act of 1987, and as provided in 49 CFR, Part 25 entitled "Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs." 6. The Secretary agrees to let the contract for the project and shall award the contract to the lowest responsible bidder upon concurrence in the award by the City. The Secretary further agrees to supervise the construction of the project in accordance with the approved plans, as 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. -. 2 No. 39-88 7. The City agrees to deposit with the Secretary its estimated share of the total project expense based upon estimated approved contract quantities. The City further agrees to remit its estimated share within thirty (30) days after receipt of the "Authorization to Award Contract, Commitment of City Funds" resolution from the Secretary. 8. The Secretary agrees that within thirty (30) days after receipt of the Federal Highway Administration acknowledgement of final voucher claim, the KDOT Controller will prepare a complete and final billing of all project costs for which the City ,is responsible, and shall then transmit said complete and final billing to the City.. 9. The City agrees to reimburse the Secretary for ten percent (10%) of the cost of all construction items in the approved plans plus ten percent (10%) of the cost of all contingency items. The Ctty further agrees to reimburse the Secretary for ten percent (10%) of construction engineering expenses. However, if any items are found to be non -participating by the Federal Highway Adminis- tration, the total cost of these items will be paid for by the City. The City further agrees to make such payment to the Secretary within thirty (30) days after receipt of a complete and final billing from the KDOT Controller. 10. It is mutually agreed that any changes in plans during the progress of the work shall require approval in writing by the City and the Secretary and no change in plans or materials substitution will be permitted by the City without such approval. 11. The City agrees that it will move or adjust, or cause to be moved or adjusted, and will be responsible for such removal or adjustment of all existing structures, pole lines, pipe lines, meters, manholes and other utilities, publicly or privately owned, which may be necessary to construction of the project in accordance with the approved plans. The City further agrees that it will pay all costs associated with said removal or adjustment of utilities. New or existing utilities that have to be installed, moved or adjusted will be located or relocated in accordance with the Kansas Department of Transportation "Utility Accommodation Policy, Part Two -Utilities on Primary, Secondary and Urban Highways." 12. 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. 13. The City agrees to furnish the Secretary a list of existing and known utilities within the right of way, accurate plans and drawings showing the location and nature of such utilities when requested, together with any proposed adjustments of same and designate an individual to be responsible for coordinat- -3- No. 39-88 ing the necessary removal or adjustment of utilities and report each month to the Department's District Engineer the progress of the removal or adjustment on forms furnished by the Secretary. 14. The City agrees to certify to the Secretary that all privately owned utilities occupying public right of way required for the construction of the project are permitted thereon by franchise, ordinance, agreement or permit and said instrument shall include a statement as to which party will bear the cost of future adjustments or relocation that may be required as a result of a street or highway improvements. 15. It is understood that the City and the Secretary shall determine the manner in which traffic is to be handled during construction. It is therefore agreed between the parties that before project plans have been completed, detour routes and street closings, if necessary, shaJl be agreed upon by authorized representatives of the City and the Secretary, and noted on the plans. If revisions to the traffic handling plan are proposed during the progress of construction, the City and the Secretary shall approve such revisions in writing before they become effective. The City further agrees that the Secretary or his or her authorized representative may act as its agent with full authority to determine the following: (a) the dates which said street closings shall commence and termi- nate (b) the appropriate type and location of barricades and signing to be placed on or about the project limits to prohibit through traffic The Secretary or his or her authorized representative shall notify the City of the determinations made pursuant to this section. 16. The City agrees that when said project is completed and approved that it will, at its own expense, maintain the project. Maintenance shall include, but not be limited to, replacing damaged signs and posts, pavement markings and lighting and traffic signal equipment; repairing damaged pavement, curb and sidewalk; and operating lighting and traffic signal installations. The City further agrees to make ample provisions each year for such maintenance. 11. The City agrees that it will establish and maintain a qualified traffic engineering unit or provide other means for the proper maintenance and operation of the project when completed. Failure by the City to fulfill this responsibility will disqualify the City from future federal -aid participation on projects for which the City would have maintenance responsibility. 18. The location, form and character of informational, regulatory and warning signs, of traffic signals and of curb and pavement or other markings installed or placed by public authority, or other agency, pursuant to this Agreement shall conform to the manual and specifications adopted under K.S.A. 8-2003, and shall be subject to the approval of the Federal Highway Adminis- tration. - 4 - No. 39-88 19. The City agrees that it will adopt an ordinance requiring the removal of all encroachments either on or above the limits of the right of way shown on the approved plans for this project and it will initiate and proceed with diligence to remove or require the removal of said encroachments. It is further agreed that all such encroachments be removed before the project is advertised for letting (provided, however, that if the Secretary is satisfied, with respect to any encroachment, that the physical removal thereof has been fully provided for between the City and the owner thereof and will be accomplished within a time sufficiently short to present no hindrance or delay to the construction of the project, the Secretary may cause the project to be advertised for letting before such encroachment is fully removed). The City further agrees that it will not in the future permit the erection of gas and fuel dispensing pumps upon the right of way of said project and it will require that any gas and fuel dispensing pumps erected, moved or installed along the project be placed no less than twelve feet (12') back of the right of way line. All right of way provided for the project shall be used solely for public street purposes and no signs, posters, billboards, roadside stands, fences, structures or other private installations shall be permitted within the right of way limits except as provided by state laws. 20. The City agrees to assist the Secretary in the evaluation of the effectiveness of the project with respect to safety. Accident data, traffic volume counts and other pertinent information will be provided to the Secretary as required to complete the evaluation. 21. The City agrees to control parking of vehicles on the city street throughout the length of the project covered by this Agreement. On -street parking will be permitted until such time as parking interferes with the orderly flow of traffic along the street. 22. The City agrees that the arterial characteristics inherent in the project require uniformity in information and regulations to the end that traffic may safely and expeditiously be served and shall adopt and enforce such rules and regulations governing traffic movements as may be deemed necessary or desirable by the Secretary and the Federal Highway Administration. 23. The City agrees to control the construction or use of any entrances along the project within the City other than those shown on the approved plans, unless prior written approval is obtained from the Secretary and the Federal Highway Administration. 24. The City agrees to adopt all necessary ordinances and/or resolutions and to take such legal steps as may be required to give full effect to the terms of this Agreement. 25. 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, the City's employees or subcontractors.. The City shall not be required to indemnify and hold the Secretary harmless for negligent acts of the Secretary or his or her authorized representatives or employees. - 5 - No. 39-88 26. Responsibility for damage claims: The contractor shall indemnify and save the Secretary and the City harmless from and against all liability for damages, cost and expense arising out of any claim, suit, action, or otherwise for injuries and/or damages sustained to person or property by reason of the work performed by the contractor, his or her subcontractor, agents, or employees under this contract. 27. The parties do hereby agree that the "Special Attachment No. 1" attached hereto, pertaining to the implementation of the Civil Rights Act of 1964, and "Special Attachment No. 2" attached hereto, pertaining to certifica- tion by prospective participants as to current history regarding debarment, eligibility, indictments, convictions, or civil judgments are hereby made a part of this Agreement. 28. The City agrees to comply with the terms and provisions of 49 CFR Part 29 Debarment and Suspension (Non -Procurement) and to require its consultants, contractors, subcontractors and suppliers to comply with the terms of 49 CFR Part 29 and obtain a certification on said subject matter. 29. The City agrees to comply and requires it consultants, contractors, and subcontractors and suppliers to comply with Public Law 100-202 effective December 27, 1987, concerning Foreign Contractor Restrictions. 30. It is further understood that this Agreement and all contracts entered into under the provisions of this Agreement shall be binding upon the Secretary and the City and their successors in office. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be signed by their duly authorized officers on the day and year first above written. ATTEST: THE CITY OF SALINA, KANSAS (SEAL) by - 6 - HORACE B. EDWARDS Secretary of Transportation FORM i 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 s 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), 1504 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 succi Act, hereby notifies all contracting parties that, the con- tracting parties will affirmatively insure that this contract will be implement- ed without discrimination on the grounds of race, religion, color, sex, age, handicap, or national origin, as more specifically set out in the following eight 'Nondiscrimination Clauses'. CLARIFICATION Where the term 'nonsultant' appears in the following seven 'Nondiscrimination Clauses', the term 'consultant' is understood to include all parties to con- tracts or agreements with the Secretary of Transportation of the State of Kansas. Revised 8/27/86 V 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 refeued to as the Regulations), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The consultant, with regard to the work performed by the consultant after award and prior to the completion of the contract work, will not discriminate on the grounds of race, religion, color, sex, age, handicap, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The consultant will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regula— tions. (3) Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all solicitations either competitive bidding or negotiation made by the consultant for work to be performed under a subcontract including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the consul— taut of the consultant's obligation under this contract and the Regulations relative to nondiscrimination on the grounds of race, religion, color, sex, age, handicap, or national origin. (4) Information and Reports: The consultant will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and the Secretary of Transportation of the State of Kansas will be permitted access to the consultants books, records, accounts, other sources of information, and facilities as may be determined by the Secretary of Transportation of the Stare of Kansas to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a consul— tant is in the exclusive possession of another who fails or refuses to furnish this information, the consultant shall so certify to the Secretary of Transportation of the State of Kansas and shall set forth what efforts it has made to obtain the information. (5) Employment: The consultant will not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, handicap, or national origin. Revised 8/27/86 HT1 Special Attachment No. t Sheet 3 of 3 (6) Sanctions for Noncompliance: In the event of the consultant's noncom— pliance with the nondiscrimination provisions of this contract, the Secretary of Transportation of the State of Kansas shall impose such contract sanctions as the Secretary of Transportation of the State of Kansas may determine to be appropriate, including, but limited to, (a) withholding of payments to the consultant under the contract until the contractor complies, and/or (b) cancellation, termination or suspension of the contract, in whole or in part. (7) Disadvantaged Business Obligation (a) Disadvantaged Businesses as defined in the Regulations, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this contract. (b) All necessary and reasonable steps shall be taken in accordance with the Regulations to ensure that Disadvantaged Businesses have the maximum opportunity to compete for and perform contracts. No person(s) shall be discriminated against on the basis of race, religion, color, sex, age, handicap or national origin in the award and performance of Federally—assisted contracts. (8) Incorporation of Provisions: The consultant will include the provi— sions of paragraph (1) through (8) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, order, or instructions issued pursuant thereto. The. consultant will take such action with respect to any subcontract or procurement as the Secretary of Transportation of the State of Kansas may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that, in the event a consultant becomes involved in, or is.threatened with, litigation with a subcon— tractor or supplier as a result of such direction, the consultant may request the State to enter into such litigation to protect the interests of the State. Revised 8/27/86 JuJJI(.4V Sheet 1 of 1 CERTIFICATION BY PROSPECTIVE PARTICIPANTS AS TO CURRENT HISTORY REGARDING DEBARMENT, ELIGIBILITY, INDICTMENTS, CONVICTIONS, OR CIVIL JUDGEMENTS President, Chairman, or Authorized Official being duly sworn (or under penalty or perjury under the laws of the United States), certifies that, except as noted below, Salina, Kansas Agency or Company or any person associated therewith in the capacity of Owner, partner, director, officer, principal investigator, project director, manager, auditor, or any other position involving the administration of federal funds is not currently under suspension, debarment, voluntary exclusion, or determina- tion of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past three years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgement rendered against (it) by a court or competent jurisdiction in any manner involving fraud or official misconduct within the past three years; Exceptions Exceptions will not necessarily result in denial of award, but will be considered in determining bidder or respondent responsibility. For any excep- tions noted, indicate below to whom it applies, initiating agency, and .dates of action. Providing false information may result in criminal prosecution or administrative sanctions. Signature Sworn to before me a Notary Public in and for the County of State of , this day o , 19_. Notary Vubiic My Commission expires CITY OF SALINA REQUEST FOR COMMISSION ACTION DATE TIME 2/6/89 4:UU P.M. AGENDA SECTION: Administration ORIGINATING DEPARTMENT: APPROVED FOR NO. 8 AGENDA: Engineering ITEM NO. 10 BY: Dean Boyer BY:� This resolution from the Kansas Department of Transportation is asking for our concurrence 'in>awarding the contract to B & W Electrical Contractors, Inc. to install upgraded traffic signals at intersection of Crawford Street and Front Street. B & W submitted the only bid in the amount of $41,900.00. The City's share of this contract is $4,190.00. In ,.addition to the City's ten percent (10%) on construction, we must fund a portion of the inspection phase of this contract. 4 This project was authorized by the.Salina City Commission on September 19, 1988. COMMISSION ACTION MOTION BY SECOND BY TO: RESOLUTION NUMBER 89-4058 FEDERAL AID HAZARD ELIMINATION SAFETY AUTHORITY TO AWARD CONTRACT COMMITMENT OF CITY FUNDS Project No. 85 U-1202-01 HES 4816 (011) City of Salina, Saline County, Kansas WHEREAS, bids were received at Topeka, Kansas, on December 15, 1988, for the performance of work covered by plans on the above numbered project, and WHEREAS, the bidder and the low bid or bids on work covered by this project: Contractor Division of Work Amount B and W Electrical Traffic Signal Installation $41,900.00 Contractor, Inc. WHEREAS, bids are considered satisfactory and have been recommended by the Secretary of Transportation of the State of Kansas, for consideration and acceptance by the City, SO NOW, THEREFORE BE IT RESOLVED by the Governing Body of the City of Salina, Kansas: Section I. That after due consideration by the City Commission, this bid or these 50 --are acceptable and said Secretary of Transportation is hereby authorized to award and execute the necessary contracts for completion of the work on this project as covered by such bid or bids. Federal Aid Participating Non -Participating Bid Cost $41,900.00 Construction Engineering LPA 0.00 Total Cost $41,900.00 10% of Total $4,190.00 BE IT FURTHER RESOLVED that City funds in the amounts of $4,190.00 or the matching of federal funds and $0.00 for non -participating items, for a total of $4,190.00 are required to complete this work, and are hereby pledged by the City to be remitted to the Controller of the Kansas Department of Transportation on or before January 30, 1989, for use by the Secretary of Transportation of the State of Kansas, in making payments for construction work and engineering on the above designated project. Adopted by the Board of Commissioners and signed by the Mayor this 6th day of February, 1989. Sydney Soderberg, Mayor [SEAL] ATTEST: Jacqueline Shiever, City Clerk