Cloud at Fourth Street Crossing ImprovementsPublic Road Improvement 12/04/00��
Fixed Costs - Prepaid
COP�
Form Approved -AVP Law
Improvements to Existing Public Road. At Grade Crossing
For Cloud Street, DOT 815069Y
M.P. 548.98 SID Industrial Lead
Salina, Kansas
THIS AGREEMENT, executed in duplicate this day of , 2002, by and between
UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter the "Railroad"), and
CITY OF SALIAN, a municipal corporation of the State of KANSAS (hereinafter the "Political Body"),
WITNESSETH:
RECITALS:
The Political Body has requested the Railroad to improve the existing Cloud Street crossing, at
grade, along, over and across the Railroad's track and right of way at Mile Post 548.98 SID Ind. Lead,
DOT No. 815 069Y in City of Salina, Saline County, Kansas to which the Railroad is agreeable, but
solely upon terms and conditions hereinafter set forth.
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 crossing, (b) install a 65 ft precast concrete crossing, (c) field weld rail, (d)
relay track at crossing with 133# rail, (e) renew the crossties, and (f) surface the track with new ballast, all
at the intersection of the Railroad's SID Ind. Lead with Cloud Street at Mile Post 548.98 in Salina, Saline
County, Kansas, as shown generally on Railroad's print dated May 29,2002 marked Exhibit A, hereto
attached and hereby made a part hereof
2. Upon the execution of this agreement, the Political Body shall pay the Railroad a firm
and fixed sum of Twenty Two Thousand and Ninety Dollars ($22,097.00) for the work performed and
materials supplied by the Railroad pursuant to Section I above, as such work and materials are described
in the attachment dated March 3, 2002, marked Exhibit B, hereto attached and hereby made a part hereof.
3. The Railroad, at its cost, shall maintain the crossing between the track tie ends. If, in the
future, the Political Body 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 Political Body's
expense, shall install such replacement surfacing.
4. The Political Body, 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 Political Body's contractor(s) is/are performing any work described in Section 4 above,
then the Political Body shall require its contractor(s) to execute the Railroad's standard and current form
of Contractor's Right of Entry Agreement. Political Body 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 Agreement. Under no circumstances will the
Political Body's contractor(s) be allowed onto the Railroad's premises without first executing the
Contractor's Right of Entry Agreement.
HMATA%Ar—.WAC1-d SVW.V6Mm d.
A� Public Road Improvement 12/04/00
Fixed Costs - Prepaid
Form Approved -AVP Law
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. Political Body 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, Political Body 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 Political Body, for itself and for its successors and assigns, hereby waives 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 Political Body shall be transferred or assigned, either voluntarily or involuntarily, except by
express written agreement acceptable to the Railroad.
9. The Political Body 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 Political
Body, passed and approved as by law prescribed, and duly certified, evidencing the authority of the
person executing this agreement on behalf of the Political. Body 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 Political Body.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date
and year first hereinabove written.
UNION PACIFIC RAILROAD COMPANY
By
Title:
ATTEST: CITY OF SALINA
By
City Clerk Title:
Pursuant to Resolution/Order
dated ,
hereto attached.