Neal Street Crossing Agreement
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006943012
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"CITY'S ORIGINAL"
AGRBBKBRT
Union Pacific Railroad Company
Crossing Signals with Gates
Project No. 85 X-1684-01
STP-OOSS(400)
Saline County, Kansas
Aqreement between the Union Pacific Railroad Company, the
City of Salina, Saline County, Kansas and the Secretary
of Transportation of the State of Kansas , relative to the
construction and maintenance of Highway Crossing Siqnals
under Section 130, United States Code 23.
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This agreement, made and entered into this day of
, 19 , by and between the Union Pacific
Railroad Company, a utah Corporation, hereinafter referred to as
the "Company" , the City of Salina, Saline County, Kansas
hereinafter referred to as the "City", and the Secretary of
Transportation of the State of Kansas, hereinafter referred to as
the "Secretary".
WZTNBSSETH:
WHERDS, the Secretary proposes to submit to the Federal
Highway Administration of the United States Department of
Transportation a project providing for the installation of
railway-highway crossing siqnals, flashing light straight post type
with gates at a qrade crossing (DOT #815074V) on Neal Avenue in the
City of Salina, Saline County, Kansas, said project to be known and
desiqnated as Project No. 85 X-1684-01 STP-OOSS(400) and more
particularly described as follows:
at the intersection of Neal Avenue and the Company's
tracks approximately 2600 feet West and 2700 feet North
of the Southeast Corner of Section 36, Township 14 South,
Range 3 West, in the City of Salina, Saline County,
Kansas,
and will recommend its approval for construction under Section 130,
United States Code 23 and amendments thereto, and
WHERDS, the locations for the flashing light signals were
determined by a diagnostic team consisting of representatives of
the Company, the City, and the Secretary, and
nERDS, the Secretary will prepare the plans for the project
and such plans when approved by the Company, the City, and the
Secretary are hereby made a part of this aqreement and incorporated
by reference herein, and
NOW, THEREFORB, in consideration of the premises and the
mutual covenants herein contained, and subject to the approval of
the Federal Highway Administration, it is hereby aqreed by the
parties hereto:
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1. The total cost of 'the ~.roject will be funded one-hundred
percent (100%), including preliminary engineering, construction,
sales tax, users tax and such other items as are properly
charqeable to the project under Section 130, United States Code 23
and amendments thereto.
2. The City will install and maintain'the advance warninq
siqns and pavement markinqs.
3. The Company will provide the Secretary with a copy of the
bill of materials and the detailed estimate of the cost of the
project. The estimate to be attached to and become a part of this
aqreement.
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4. After beinq notified by the Secretary that the project
has been approved and that work may beqin, the Company will notify
the Secretary's District Enqineer, Mr. william A. Leqqe, Salina,
Kansas, at least one week in advance of the date that work on the
project is to be started, and should withdrawal from the project
become necessary for any reason, the Company will each time notify
the Secretary's District Enqineer of the date that work on the
project is to be resumed.
5. The Company will remove the existing crossbucks and will
install the new straight post signals with gates and make all
connections necessary for their successful operation, and do all
'incidental and appurtenant work in accordance with the plans for
the project and Part VIII of the "Manual on Uniform Traffic Control
Devices". The Company will furnish all of the material and do all .
of the work with its own forces, or the work may be done by a
contractor paid under a contract let by the Company in compliance
with the provisions of Chapter I, Subchapter B, Part 140, Subpart
I, of the Federal policy Guide. Said Federal Aid Policy Guide is
by reference made a part of this agreement. If this work is to be
done by a contractor paid under a contract let by the Company,
prior written approval shall be obtained from the Secretary. The
estimated schedule by the Company for the completion of the work.
for this project is one year from the date of this agreement.
6. The Company will keep detailed and accurate records of
all labor, materials, supplies, incidentals and all other necessary
costs involved in carryinq out the work performed by the Company
under the terms of this agreement, and will qive access to such
records at any time during regular office hours to any authorized,
representative of the secretary or of the Federal Hiqhway
Administration, for a period of three years from the date final
paYment has been received by the Company.
7. Preparation of preliminary estimates, procurements,
performance of work, expenditures, billing and reimbursement shall
all be done in accordance with Chapter I, Subchapter B, Part 140,
Subpart I, of the Federal Aid Policy Guide.
8. The Company will submi t to the Secretary's District,
Engineer, Mr. william A. Legge, Salina, Kansas, a final and .
complete billing of the incurred costs within one year after the
completion of the work, and the Secretary will pay an amount equal
to the total cost of the project, with the understanding that the
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Special Attachment No. 1
Sheet 2 of 3
Nondiscrimination Clauses
Durinq the performance of this contract, the consultant, or the consultant's
assiqnees and successors in interest (hereinafter referred to as the
'consultant's), aqrees as follows:
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(1)
Compliance with Requlations: The consultant will comply with the
Requlations of the O.S. Department of Transportation relative to
nondiscrimination in federally-assisted proqrams of the O.S.
Department of Transportation (Title 49, Code of Federal
Requlations, Parts 21, 23 and 27, hereinafter referred to as the
Requlations), which are herein incorporated by reference and made
a part of this contract.
(2)
Nondiscrimination: The consultant, with reqard to the work
performed by the consultant after award and prior to the completion
of the contract work, will not discriminate on the qrounds of race,
reliqion, color, qender, aqe, disability, or national oriqin in the
selection and retention of subcontractors, includinq procurements
of materials and leases of equipment. The consultant will not
participate ei ther directly or indirectly in the discrimination
prohibited by Section 21.5 of the Requlations, includinq employment
practices when the contract covers a proqram set forth in Appendix
B of the Requlations.
SOlicitations for Subcontractors, Includinq Procurements of
Materials and Equipment: In all solicitations either- competitive
biddinq or neqotiation made by ~e consultant for work to be
performed under a subcontract includinq procurements of materials
or equipment, each potential subcontractor or supplier shall be
notified by the consultant of the consultant's obliqation under
this contract and the Requlations relative to nondiscrimination on
the qrounds of race, reliqion, color, qender, aqe, disability, or
national oriqin.
(4). Information and Reports: The consultant will provide all
information and reports required by the Requlations, 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 Requlations, orders and
instructions. Where any information required of a consultant is in
the exclusive possession of another who fails or refuses to furnish
this information, the consultant shall so certify to the Secretary
of Trans~ortation of the State of Kansas and shall set forth what
efforts it has made to obtain the information.
(3)
(5)
Employment: The consultant will not discriminate aqainst any
employee or applicant for employment because of race, reliqion,
color, qender, aqe, disability, or national oriqin.
(Revised 8-30-93)
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(6)
Special Attachment .No. 1
Sheet 3 of 3
Sanctions for Noncompliance: In the event o'f the consult~
noncompliance with the nondiscrimination provisions of ~
contract, the Secretary of Transportation o'f the State o'f Kansas
shall impose such contract sanctions as the Secretary of
Transportation of the State of Kansas may determine to be
appropriate, includinq, but not limited to,
ea) withholdinq of payments to the consultant under the contract
until the contractor complies, and/or
eb) cancellation, termination or suspension o'f the contract, in
whole or in part.
(7) Disadvantaqed Business Obliqation
ea) Disadvantaqed Businesses as defined in the Requlations, 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 Requlations to ensure that Disadvantaqed
Businesses have the maximum opportunity to compete for and
perform contracts. No person(s) shall be discriminated aqainst
on the basis of race, reliqion, color, qender, aqe, disability
or national oriqin in the award and performance of Federal~
assisted contracts. ..,
(8) Incorporation of Provisions: The consultant will include the
provisions of paraqraph (1) throuqh (8) in every subcontract,
includinq procurements of materials and leases of equipment, unless
exempt by the Requlations, 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 enforcinq such
provisions includinq sanctions for noncompliance: Provided,
however, that, in the event a consultant becomes involved in, or is
threatened with, litiqation with a subcontractor or supplier as a
result of such direction, the consultant may request the State to
enter into such litiqation to protect the interests of the State.
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(Revised 8-30-93)
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