West Magnolia Road Railroad Crossing Improvements AgreementIMPROVEMENTS TO EXISTING PUBLIC ROAD
AT -GRADE CROSSINGS IN SALINA
THIS AGREEMENT, executed in triplicate this aP)�day of
2007, by and among UNION PACIFIC RAILROAD COMPANY, a D laware corporation
(hereinafter the "Railroad"), CITY OF SALINA, a municipal corporation of the State of
Kansas (hereinafter the "City"), and COUNTY OF SALINE, a political subdivision of the
State of Kansas (hereinafter the "County").
RECITALS:
The City has requested the Railroad to improve the existing at -grade public road
crossings involving (i) the Broadway and Dover Drive crossing at Railroad Milepost
497.68, DOT No. 429004S, and (ii) the Wayne and Fourth Street crossing at Railroad
Milepost 548.47, DOT No. 815071A as located in the City of Salina, Saline County,
Kansas. The City and County have also requested the Railroad to improve the existing
at -grade public road crossing at West Magnolia Road at Railroad Milepost 498.98, DOT
No. 428998H as located in the City of Salina, Saline County, Kansas. The crossings at
Broadway and Dover, Wayne and Fourth and West Magnolia Road are hereinafter
sometimes collectively referred to as the "Crossings".
This Agreement is made to cover the above.
AGREEMENT:
NOW THEREFORE, in consideration of the premises and of the promises and
conditions hereinafter set forth, the parties hereto agree as follows:
1. The Railroad shall furnish all labor, material, equipment and supervision
for, and shall (a) remove the existing timber and rubber crossings, (b) install a 96 ft.
precast concrete crossing, 48 ft. precast concrete crossing and 40 ft. precast concrete
crossing, (c) field weld rail, (d) relay track at crossing with 6" base rail, (e) renew the
crossties, and (f) surface the track with new ballast, all at the intersection of the
Railroad's SID and Trigo Industrial Leads with the Crossings, as shown generally on
Railroad's print dated July 9, 2007, marked Exhibit A, hereto attached and hereby
made a part hereof.
2. The cost allocation among the parties for improvements to the Crossings
shall be:
(i) West Magnolia Road
Railroad ........................ Thirty percent (30%)
City................................Thirty Five percent (35%)
County............................Thirty Five percent (35%)
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(ii) Broadway and Dover and also Wayne and Fourth
Railroad.............................Thirty Five percent (35%)
City ................................... Sixty -Five percent (65%)
Railroad shall perform the work involving the Crossings as described in
Railroad's Material and Force Account Estimates marked Exhibit B,
Exhibit C and Exhibit D with each exhibit being attached hereto and
hereby made a part hereof. As set forth in the Railroad's Estimates, the
Railroad's estimated costs for performing the improvement work at the
Crossings are as follows:
(i) West Magnolia Road .......................
$58,761
(ii) Broadway and Dover ........................$79,300
(iii) Wayne and Fourth............................$56,068
Upon Railroad's completion of its work involving the Crossings, the Railroad will
compute final actual costs incurred by Railroad and bill City and County their
respective allocated percentage of actual costs as set forth above.
Railroad's actual costs shall include its standard direct and indirect additives.
Railroad shall have one hundred eighty (180) days to compute final actual costs.
City and County shall reimburse Railroad based on the percentages above within
thirty (30) days of their respective receipt of billing from Railroad.
3. The Railroad, at its cost, shall maintain the Crossings between the track
tie ends. The City, at its expense, shall maintain all remaining portions of the
Crossings. If, in the future, the City or County elects to have the surfacing material
between the track tie ends replaced with paving or some surfacing material other than
timber planking, the Railroad, at the City or County's expense, shall install such
replacement surfacing.
4. The City, at its sole cost and expense, shall provide traffic control,
barricades, and all detour signing for the crossing work, provide all labor, material and
equipment to install concrete or asphalt street approaches, and if required, will install
advanced warning signs, and pavement markings in compliance and conformance with
the Manual on Uniform Traffic Control Devices.
5. If City's contractor(s) is/are performing any work described in Section 4
above, then the City shall require its contractor(s) to execute the Railroad's standard
and current form of Contractors Right of Entry Agreement. City acknowledges receipt
of a copy of the Contractor's Right of Entry Agreement and understanding of its terms,
provisions, and requirements, and will inform its contractor(s) of the need to execute the
11I([:lm1MNVp.1�PiN�WPH63]CIOATAUpemtlhltlm At4tlsl�Hoilu 1
Agreement. Under no circumstances will the City's contractors) be allowed onto the
Railroad's premises without first executing the Contractors Right of Entry Agreement.
6. Fiber optic cable systems may be buried on the Railroad's property.
Protection of the fiber optic cable systems is of extreme importance since any break
could disrupt service to users resulting in business interruption and loss of revenue and
profits. City or its contractor(s) shall telephone the Railroad during normal business
hours (7:00 a.m. to 9:00 p.m., Central Time, Monday through Friday, except holidays) at
1-800-336-9193 (also a 24-hour number, 7 day number for emergency calls) to
determine if fiber optic cable is buried anywhere on the Railroad's premises to be used
by the Political Body or its contractor(s). If it is, City or its contactor(s) will telephone the
telecommunications company(ies) involved, arrange for a cable locator, and make
arrangements for relocation or other protection of the fiber optic cable prior to beginning
any work on the Railroad's premises.
7. The City and County, for itself and for its successors and assigns, hereby
waive any right of assessment against the Railroad, as an adjacent property owner, for
any and all improvements made under this agreement.
8. Covenants herein shall inure to or bind each party's successors and
assigns; provided, no right of the City and County shall be transferred or assigned,
either voluntarily or involuntarily, except by express written agreement acceptable to the
Railroad.
9. The City and County shall, when returning this agreement to the Railroad
(signed), cause same to be accompanied by such Order, Resolution, or Ordinance of
the governing body of the City and County, passed and approved as by law prescribed,
and duly certified, evidencing the authority of the person executing this agreement on
behalf of the City and County with the power so to do, and which also will certify that
funds have been appropriated and are available for the payment of any sums herein
agreed to be paid by City and County.
1VCCMp14091WWW6IWIX�'OSbMATAV�grtm 4l9Yw NA�1c1�(mdJx .,
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement
as of the date and year first hereinabove written.
UNION PACIFIC RAILROAD COMPANY
CITY OF SALINA
Pursuant to City's Resolution/Order
dated
hereto attached.
Pursuant to County's Resolution/Order
dated
hereto attached.
DATE: 2007-07-09
ESTIMATE OF MATERIAL AND FORCE ACCOUNT NORM
BY THE
UNION PACIFIC RAILROAD
THIS ESTIMATE GOOD FOR 6 MORRIS EXPIRATION DANE IS :2009-01-01
DESCRIPTION OF WORK:
INSTALL A 40' CONCRETE PAD ON WOOD TIE GRADE CROSSING INCLUDING: TIES,
RAIL, CONCRETE PADS AND BALLAST AT WEST MINOLTA RD IN SALINA IS. MP.
498.98 ON THE TRIM INDUSTRIAL LEAD. CITY OF SALIBA TO PAY 35% OF THE
COST. SALINE COUNTY KANSAS TO PAY 35% OF THE COST AND UPRR TO PAY 30* OF
OF THE COST USING STANDARD ADDITIVES.
PID, 59464 AND: WP,SUWD1V: 495.95, TRIGG
SERVICE UNIT: 14 CITY: SAL.IBA STATE, IS
DESCRIPTION MY ONIT LABOR MATERIAL RECOLL OPER TOTAL
----------- --- ---- ----- --------------- ----- -----
ENGINEERING WORK
SNGINEERING
1000
700
300
1000
LABOR ADDITIVE 232%
2320
1624
696
2320
TOTAL ENGINEERING
------- --------
3320
--------
2324
--------
996
--------
3320
SIGNAL WORK
LABOR ADDITIVE 232*
440
308
132
.440
SALES TAY
2
1
1
2
SIGNAL
209
53
103
79
262
--------
TOTAL SIGNAL.
------- --------
649
--------
55
492
------'-
212
704
TRACK 6 SURFACE WORK
BRAST
1.00 CL
2202
666
2063
BBS
2948
BILL PEEP
900
630
270
900
EOUIL44ERT RENTAL
1000
700
300
1000
FIBID MELD
34
23
11
34
FOREIGN I= FREIGHT`
120
64
36
120
H@BLIHS FREIGHT
900
630
270
900
LAMB ADDITIVE 232%
17664
12444
5220
17664
MAIL STORE Ef[PEISE
339
236
103
339
DIN
943
2450
2096
897
2993
RAIL
160.00 IF
736
2456
2235
957
3192
ROUGING
40.00 IF
3216
6629
6091
2954
9945
ROADWAY APPROACH WE
1000
700
300
1000
SALES TAX
663
462
201
663
SAW CUT STREET APPROACH
500
350
150
500
TRI-BURF,LIN
2504
1753
751
2504
WELD
1105
373
1034
444
147E
XTIE
50-00 RA
4622
4035
6061
2596
8657
.
70TRL TRACK 6 SURFACE
-------
.......
--------
33606
........
--------
21131
30392
--------
16345
--------
54737
iAEOR/MATERIAL E[PENSE 37575 21186----------------
REYNLLECTIBLE/UPRR EXPENSE 41216 17545--------
ES1IMA2760 PROJRCT COST 58761
EXISTING RBUSEASLB MATERIAL CREDIT 0
SALVAGE NOROSEABLE MATERIAL CREDIT 0
ESODLISCFIBIB LESS CREDITS
THE ADM FIGURES AXE SSTTHATES ONLY AND SUBJECT TO FLUCTUATION. IN THE EVENT OF
DATSt 2007-07-05
ESTIMATE OF MATERIAL AND FORCE ACCOUNT NOR[
BY THE
UNION PACIFIC RAILROAD
THIS ESTIMATE GOOD FOR 6 MONTHS SKPIAATION MTB IS :2000-01-03
DESCRIPTION OF YORK.
INSTALL A 96' CONCRETE PAD ON W= TIE GRADE CROSSING INCLUDING: TIES,
RAIL, CONCRBTB PADS AND RALLRST AT SOUTH BROADNAY ST IN SALM X8. MP.
497.60 ON TUB TRIGG INDUSTRY LEAD. CITY OF SALINA TV PAY 65% OF THE
NST. OPRR 1U PAY 35% OF THE COST. USING STANDARD ADDITIVES ON AN ACTUAL
NST BASIS.
PM 59463 AND,
MP'SORDIV: 497.68, TRIOO
SERVICE UNIT: 14 CITY! SALIVA
STATE: AS
DESCRIPTION OTY UNIT
----------- ___ ____
LABOR WATBRIAL
_____ ________
RECOIL
_______
UPRR
_____
TOTAL
-----
ENGINEERING Won
ENGINEERING
1000
660
350
1000
LABOR ADDITIVE 232%
2320
1508
832
2120
_______
TOTAL ENGINEERING
________
3320
________ ________
2159
--------
1162
3320
SIGNAL WORE
LABOR ADDITIVE 232%
432
281
151
432
SALES TAX
2
1
1
2
SM03"
209
53
171
91
262
_______
TOTAL SIGNAL
________
641
55
________________
453
-------
243
696
TRACK 6 SURFACE WORK
BALM? 2.00 CL
2232
1333
2317
1240
3565
SILL PREP
900
585
316
900
EQUIPMENT RENTAL
1500
975
525
1500
FIELD NEW
60
44
24
68
FOREIGN LINE FREIGHT
300
195
105
300
SOME LINE FREIGHT
9O0
$85
315
900
LABOR ADDITIVE 232%
18296
11973
6323
18296
MATL STORE EXPENSE
680
440
240
680
OTHER CDVTRACT YORK
2500
1625
875
2500
GIN
542
3102
2368
3276
3644
RAIL 240.00 IF
735
4183
3196
1722
4918
RDKING 96.00 77
3229
15760
12363
6656
19017
ROAMY APPROACH NK
1000
650
350
1000
BALER TAX
1251
812
439
1251
SAM CVA ST APPROACH
500
325
175
500
TRK-BOR7,LIN
2504
1621
977
2504
HELD
2211
783
1946
1046
2994
XTIE 75.00 EA
4625
6132
6986
3761
10747
TOTAL TRACK i SURFACE
________
38332
39952
________________
49010
________
28274
75284
-------
LABOR/MATBRIAL EXPENSE
--------
39293
40007 ----------------
RECOLLECTIBLEMPRR EXPENSE
51621
27679 --------
ESTIMATED PROJECT COST
79300
EXISTING SEDSE WLX MRTSRIAL CREDIT
0
SALVAGE NOMUBEABLX NRTBRM CREDIT
0
RECOLLECTIBLE LESS CREDITS
DATE: 2007-07-09
ESTIMTE OF MATERIAL AND FORCE ACCOUNT WORK
BY THE
UNION PACIFIC RAILROAD
THIS PMDP,TB GOOD FOR 6 NONTHS EXPIRATION DATE IS
:2008-01-07
DESCRIPTION OF NORX:
INSTALL A 401 CONCRETE PAD ON MOD TIB GRADE CROSSING INCLUDING, TIES,
RAIL. CONCRETE PADS AND BALLAST AT WAYNE AVE IN SALINA K8.
NP. 646.47
ON THE SID INDUSTRIAL LEAD. CITY OF BALM TO PAY 65% OF THE COST. OPEN
TO PAY 35% OF THE COST. USING STANDARD AODITIVEN.
PID, 59465 ANO. MP,SUROIV: 548.47, 810
SERVICE UNIT, 14 CITY. SALIM 871178: KS
DESCRIPTION OTY UNIT LABOR MATERIAL EBCOLL
----------- ___ ____ _____ ________ _______
UPRR
_____
TOTAL
-----
ENGINEERING WORK
ENGDGBE6ING 1000
650
350
1000
LABOR AUDITIVE 232% 2320
1608
B12
2320
_______ ________ ________
TOTAL ENGINEERING 3320
________
2158
________
1162
3320
SIGNAL WORK
LABOR ADDITIVR 2324 432
261
151
432
SALES TAX 2
1
1
2
SIGNAL 209 53
171
91
262
------- -------- --------
TOTAL SIGNAL 541 55
--------
453
-------
243
696
TRACK 6 SURFACE WORK
"LAST 1.00 CL 2282 666
1916
1032
2948
BILL PREP 900
805
315
906
EOOIPmew RENTAL 1000
650
350
1000
FIELD NEED S1
33
18
51
FOREIGN LINE FREIGHT 160
104
56
160
MOMS LINE FREIGHT - 900
585
315
900
LABOR ADDITIVE 2321, 15141
9903
5238
15141
NAT% STORE EXPENSE 372
241
131
372
OIN 405 1941
1526
020
2346
MIL 160.00 LF 550 2780
2170
1168
3336
RDXING 48.00 TF 2411 7694
6696
3607
10305
ROADWAY APPROACH WX 1000
650
350
1000
SALES TAX 739
467
251
718
SAW CUT STREET APPROACH 500
325
175
500
TRX-SURF,LIN 2SO4
1627
077
2504
WELD 1658 655
1502
811
2313
KITS 50.00 SA 3468 4000
4911
2645
7586
__ ________ ________
TOTAL TRACK A SURFACE 29370 22682
________
33893
--------
18189
62052
....... ........
LMR/MATERIAL EXPENSE 33131 22737 ________
________
RECOLL%CTIBLE/UPRR EXPENSE
36510
19556--------
ESTIMATRO PROJECT COST
56066
EXISTING RRUSRAIGA MATERIAL CREDIT
0
SALVAGE MINNIE1BLE MATENIAL CREDIT
0
REO3LLECTIB1E LE88 CREDITS
TNS ABOVE FIGURER ARE ESTINATBS ONLY AND SUBJECT 79 FLUCTUATION.
10 THE EVENT OF
AN XECREASE OA DEURSABE D1 SHE COST OR QUANTITY OF NATIFUJ. OR LABOR RBOOSREN,
SALINE COUNTY BOARD OF COMMISSIONERS' MINUTES
Au¢ust 13.1007
The Saline County Board of Commissioners met in regular session with all members present for the following agenda:
■1, County Administrator's Update: County Administrator Rita Deister discussed the railroad project on West Magnolia
crossing (county cost share is $6,566.00), reported on a Salina Economic Development Team meeting for September 18, a
meeting with some local engineers and architects, reviewed and presented the county audit for 2006, as prepared by Bartlett,
Settle, and Edgerle - auditors. -
2. Salina Area Chamber of Commerce Report: Dennis Lauver, Salina Area Chamber of Commerce President and CEO,
reported on the ongoing planning and meetings on the KemvoodlOakdale Park Team and discussed TIF (Tax Increment
Financing).
Auzust 14.1007
The Saline County Board of Commissioners met in regular session with all members present for the following agenda:
I. Emereenev Vehicle Permits: Emergency Management Director Bryan Armstrong discussed the Emergency Vehicle Permits
with the Commission. State statutes #8-2010 and #8-2010a relate to this permitting process. Bryan will continue to use the
current application and get the file up-to-date for current fit district volunteers.
2. Appraiser's Update: County Appraiser Rod Broberg discussed recollection and the ORION Project.
3. County Counselor's Update: Mike Montoya, County Counselor, reported on delinquent lax issues, Drug Task Force funds
(Special Law Enforcement Trust Fund), a possible investment banking policy, issuance of bonds for the Kipp Sewer Project,
and a possible satellite Motor Vehicle Registration Office.
4. Retiree Health Insurance: Marilyn Learner, Human Resources Director, discussed several options available and the impact
on re -insurance premiums for retirees. CBIZ researched 5 options for the County. The current plan document states that when
an employee or retiree drops coverage, dependents are no longer eligible to remain on the plan. Dependents do have COBRA
rights. Option 5 is to consider a plan amendment that allows for pre -65 retirees and dependents, but at age 65 of the retiree,
they are required to obtain other supplemental coverage. This option could be favorable on re -insurance premiums. Motion by
Commissioner Sherri Barragree to instruct Marilyn Latimer to go with Option 5 for allowing pre -65 retirees and dependents,
but at age 65, they are required to obtain other supplemental coverage. Second by Commissioner Randy Duncan. Motion
carried 3-0.
5. R W.D. #3 - CDBG Water Systems Improvements. Rose Mary Saunders of Ranson Financial Consultants (Wichita)
presented a request to sponsor the grant application. Also, present were Bruce Spare and Norma Griffin, The CDBG
application is due on September 28. Engineers estimate for the project is $642,700.00 and the grant application is for Yz of this
amount. R.W.D. 93 serves 330 customers. Ms. Saunders is writing the grant. The grant monies would come through the
County.
6. Documents Signed. Personnel changes and Abatement to Treasurer's Tax Roll- Change Order #2006-508.
Aueust 15, 2007
The Saline County Board of Commissioners met in regular session with all members present for the following agenda:
I. Livestock and Expo Update: Director Phil Penn reported on the chemical sold to treat noxious weeds. Events held at the Expo
Center were the Jr. Dairy Show, Salina Kennel Club meet, a wedding reception, Saline County Democrat Picnic, 4-11 District
Horse Show, tool sale, ARC Ice Cream Social, 4-H breakfast, Salina Quarter Horse Show, K-9 Capers, Catholic Charities
Celebration, and Hoolbcats. Also, Phil summarized the farm account balance.
2. R F.D. #3 Board of Trustees Request for Building Removal (R.F.A. #184-07): Chief Scott Abker reviewed this request to
remove a 24' x 30' building in Bavaria, Kansas. Estimated cost to remove the building is $4,000.00 plus an additional $175.00
for an asbestos evaluation. Motion by Commissioner Sherri Barragree and second by Commissioner Randy Duncan to
approve R.F.A. #184-07 and proceed with the process to remove the existing building. Motion carried 3-0. Scott Abker will
advertise to see if anyone comes forward in a response to an advertisement to remove the building. If there is not a response,
then the Commission will determine that the property is of no value and allow the fire district to take bids for the demolition.
3. Kipp Sewer District Payment: Vicki Koepsel, Planning and Zoning Director, presented an invoice for a $51,000.00 payment
for die Kipp Sewer District project. Motion by Commissioner Randy Duncan to authorize the Chair's signature for a payment
for the Kipp Sewer District. Second by Commissioner Sherri Barragree. Motion carried 3-0.
4. Agenda Preparation for the Week ofAugusl 20. 2007: The Commission prepared the agenda for August 20, 21, 22, 2007,
with Rita Deister, County Administrator, and PI Hickman, Commission Office Coordinator.
5. Commission Minutes Approval for the Week ofAugust 6.1007: Motion by Commissioner Sherri Barragree and second by
Commissioner Randy Duncan to approve the minutes for August 6, 7, 8, 2007, as printed. Motion carried 3-0.
6. Meetines Attended: Commissioner Craig Stephenson attended the Chamber of Commerce Housing meeting. Commissioner
Sherri Barragree attended the Commission on Aging meeting.
.7. Documents Signed., Agreement for repair of railroad crossing on West Magnolia Road with the City of Salina and Union
Pacific Railroad and Kipp Sewer Payment Authorization.
TE P, 07
—7--7—
TE—,?- Zz",19
b'7
Page 724
. Commission
Action #
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF
August 13, 2007
4:00 p.m
The City Commission convened at 3:45 p.m in a Study Session for a Citizens' Open Forum. The
RegularMeeting of the Board of Commissioners was called to order at 4:00 p.m. in Room 107, City -
County Building. A roll call was taken followed by the Pledge of Allegiance and a moment of silence.
There were present: Mayor Alan E. Jilka, Chairman presiding; Commissioner Luci Larson;
Commissioner Aaron Peck; Commissioner R. Abner Pemey
Absent: Commissioner John K. Vanier II
ADMINISTRATION
(8.8) Approve contract with Union Pacific Railroad for the proposed 2007 Railroad Crossing
Improvements, Project No. 07-2646.
07-7701 Moved by Commissioner Pemey, seconded by Commissioner Peck, to authorize a contract
with Union Pacific Railroad. Aye: (4). Nay: (0). Motion carried.
ADJOURNMENT
07-7704 Moved by Commissioner Perney, seconded by Comrivssioner Peck, that the Regular
Meeting of the Board of Commissioners be adjourned. Aye: (4). Nay: (0). Motion carried. The
meeting adjourned at 6:57 p.m.
/s/ Alan E. Jilka
Alan E. Jilka, Mayor
[SEAL]
ATTEST:
/s/ Lieu Ann Elsey
Lieu Ann Elsey, CMC, City Clerk
I hereby certify that the foregoing is a true correct excerpt of the action taken by the Governing Body at
its regular meeting on August 13 regarding approval of a contract with Union Pacific Railroad for the
proposed 2007 Railroad Crossing Improvements, Project No. 07-2646.
OF
n187
Lieu Ann Elsey, City Clerk
Page 1