Audit # 172932 Santa Fe Avenue Rehabilitation Street CrossingUNION PACIFIC RAILROAD COMPANY
CONTRACTS& REAL ESTATE DEPARTMENT
R.D. UHRICH
ASSISTANT VICE PRESIDENT
ROOM 1100. 1416 DODGE STREET
OMAHA, NEBRASKA 63179
(402) 2713753
FAX (402) 271 5493
Mr. Shawn O'Leary, P.E.
City of Salina
Department of Engineering & Utilities
300 West Ash Street
P.O. Box 736
Salina, Kansas 67402-0736
Dear Mr. O'Leary:
August 10, 1994
,AUG 2 5 1894
J. A. ANTHONY
DIRECTOR -CONTRACTS &
JOINT FACILITIES
D. D. BROWN
DIRECTORREALESTATE
J. L. HAWKINS
DIRECTOR -OPERATIONS SUPPORT
D. H. LIGHTWINE
DIRECTOR -REAL ESTATE
W. R. ULRICH
DIRECTOR -BUILDING SERVICES
Crossing: Public: KS -Salina
Santa Fe Street
fU. P.. `?. R. Co,
wit
- 1'729:12
Enclosed is your fully executed original of our agreement covering
improvements to the Santa Fe Street crossing at Mile Post 551.80 on our
McPherson Subdivision in Salina, Kansas.
Union Pacific has authorized the installation of fiber optic cable
facilities on its property in certain areas. Prior to using the Railroad's property
covered herein, you should thoroughly review the terms and conditions of this
document and contact us at 1-800-336-9193 to determine if a fiber optic cable is
buried on the subject property near M.P. 551.80 on our McPherson Subdivision.
Also, arrangements should be made to notify our Manager -Track Maintenance at
(913) 232-7809 at least 48 hours in advance of performing any work on our right-
of-way.
In compliance with the Internal Revenue Service's policy regarding
their Form 1099, this is to advise you that 13-6400825 is Union Pacific Railroad
Company's correct Federal Taxpayer Identification Number and we are doing
business as a corporation.
If you have any questions concerning the terms of this agreement,
please feel free to contact me at (402) 271-2343.
Sincerely yours,
MILLI SCHEER
Contracts Representative
cc: Property Records - Room 1100 - w/Railroad's original
Larry Rudolph - Room 1000 - w/copy
Joe Pensick - Topeka - w/copy
Garnet Wagner - M.C. 9030 - w/copy
- 811658. PHC _.
1'729.2 .
Aunt Nt".
THIS AGREEMENT, executed in duplicate this `�/O-M day
of Atli us -r , 19 44, by and between UNION PACIFIC RAILROAD
COMPANY, &JUtah corporation, (hereinafter the "Railroad") and the
CITY OF SALINA, a municipal corporation of the State of Kansas
(hereinafter the "Political Body"), WITNESSETH:
ICia[N41011 v
The Political Body has requested the Railroad to
improve the existing Santa Fe Street crossing, at grade,
along, over and across the Railroad's track and right-of-
way at Mile Post 551.80, McPherson Subdivision (DOT
No. 8146595) in Salina, Saline County, Kansas, to which
the Railroad is agreeable, but solely upon the 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) install 120 -foot and
100 -foot concrete crossings, (b) relay rail, including crossties,
ballast and fabric, and (c) retire the existing asphalt crossings,
all at the intersection of the Railroad's track with Santa Fe
Street at Mile Post 551.80 in Salina, Kansas, as shown generally on
print dated July 7, 1994, attached hereto and marked Exhibit "A."
2. Upon completion of the work, the Political Body
shall pay the Railroad the sum of Thirty-three Thousand Dollars
($33,000.00) as the Political Body's fixed portion of the costs of
the work performed and materials supplied by the Railroad pursuant
to Section 1 above. Bill for work performed and materials supplied
by the Railroad shall be paid by the Political Body promptly upon
receipt thereof.
3. The Political Body agrees to provide, at its sole
cost and expense, all traffic control and street surface work
outside of the track tie ends.
4. 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.
Articles of Agreement
Page 1 of 3
5. 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 shall telephone the Railroad at
1-800-336-9193 (a 24-hour number) to determine if fiber optic cable
is buried anywhere on the Railroad's premises to be used by the
Political Body. If it is, Political Body 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. ,
6. In addition to other indemnity provisions in this
agreement, the Political Body shall indemnify and hold the Railroad
harmless from and against all costs, liability and expense
whatsoever (including, without limitation, attorneys' fees, court
costs and expenses) arising out of any act or omission of the
Political Body, its contractors, agents and/or employees, that
causes or contributes to (1) any damage to or destruction of any
telecommunications system on Railroad's property, (2) any injury to
or death of any person employed by or on behalf of any
telecommunications company, and/or its contractor, agents and/or
employees, on Railroad's property, and (3) any claim or cause of
action for alleged loss of profits or revenue by, or loss of
service by a customer or user of such telecommunication
company(ies).
7. If at any time any work on the Premises is performed
by the Political Body's Contractor/ Subcontractor, the Political
Body shall require its contractor to execute the Railroad's form
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 of the need to execute the Agreement. Under
no circumstances will Political Body's contractor be allowed onto
Railroad's premises without first executing the Contractor's Right
of Entry Agreement.
8. 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.
9. 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.
Articles of Agreement
Page 2 of 3
10. 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 the Political Body.
IN WITNESS WHEREOF, the parties hereto have duly executed
this Agreement as of the date and year first hereinabove written.
Attest:
UNION PACIFIC RAILROAD COMPANY
By
itle: Assistant Vice President
CITY OF SALINA
is
(Seal)
Pursuant to Resolution/mer dated
91/- 5/774 9-/ , 19-2�--,
hereto attached.
Articles of Agreement
Page 3 of 3
IR:'r 1111[ 1 111' 11161 Ill! i Isll/li t1011116 �
111 CENTRAL IAll6 IIIU6ll
IETIII FLAGS 1 III' FLAK[ Illi 11!11111 ({05{111
111 CEITIAI 11111! IAIlt0Ad; `
1111110 LEAS \
I
VEST NORTH STREET
AC/{0(01 NYE IIICI 714
=_ _ •NORTH STREET
PINE STREET (GRAVEL ROADS
1
Illill C6fi1611 CROSSING SICYI—/1Zbj_
THIS I1111f1IAt LIAO--14qA
N +ma y
6ttlt 9'1 1. MALL (glp-ten
Rill( 11' 111111 1 1' 01111 SALE cloSSINIS,
6 I.E. Of 1111 Ilii, 1• IRAN OSS, all.
CITY 10 611 IOA01A1 At IIAGIEI CIOSIIIC.
ISflll 60' RITC! IFIL 1 ASP1AlT t161I1G, 1
Ill T.I. Of He IIII. 1' (lose TIES, ITS.
CIO to FAIL IGAI6t IT MOVES (IOIIIRS.
TIAOI t0 a6TEII STAR tE1111A1 11011
MYELITIS OIOSSINC SIGNAL
EXHIBIT A
UNION PACIFIC RAILROAD COMPANY
SALINA, KANSAS
SANTA IE STREET, DOT 8I1659S
N.P. 551.50 MCPNERSON SUB SEE
Date: 7/7/94
Install two precast concrete crossings, remove
two flange rail and isphlat crossings, retire two
tracks including timber crossing and flange rail and
asphalt crossing, retire one set of cantilever crossing
signals, all at Santa Fe Street.
1336IE 100'
(TIES. FIG
111{111 1!0' 001CIETE C66IO$ I1119.11i
ES liETTlt. 10'1111C
117 T.F. 01 1111 all. III6 10' f101e TIES.
lilt
TT$PlICkstSEE
151 Lf. Of 1111 1[1011 ILII. 10' 010{1 1113,
IIII if, 111.1.131. OL
1.11111, IOfAfI. 011.
111111 100' FLANGE Ilii I ASFIIIT CIOSSIIC. 111011
I
IITIII Its' f1A1Sl LFII I ASP6li CIOSSINi, 111011
111 I.E. Of 101 Gill, 1' 01NG1 1115, IILLAIT. ITS.
Ill' Of 101 IFIL, 1' CROSS SIO, IALLA$I.
CPL1�Ae OIIIOAO �
CEO,,, 0SASS y
I
`1
1'IAII
I
1'1111
r0'
I
mo•
1
s
N
N
I
1
PINE STREET (GRAVEL ROADS
1
Illill C6fi1611 CROSSING SICYI—/1Zbj_
THIS I1111f1IAt LIAO--14qA
N +ma y
6ttlt 9'1 1. MALL (glp-ten
Rill( 11' 111111 1 1' 01111 SALE cloSSINIS,
6 I.E. Of 1111 Ilii, 1• IRAN OSS, all.
CITY 10 611 IOA01A1 At IIAGIEI CIOSIIIC.
ISflll 60' RITC! IFIL 1 ASP1AlT t161I1G, 1
Ill T.I. Of He IIII. 1' (lose TIES, ITS.
CIO to FAIL IGAI6t IT MOVES (IOIIIRS.
TIAOI t0 a6TEII STAR tE1111A1 11011
MYELITIS OIOSSINC SIGNAL
EXHIBIT A
UNION PACIFIC RAILROAD COMPANY
SALINA, KANSAS
SANTA IE STREET, DOT 8I1659S
N.P. 551.50 MCPNERSON SUB SEE
Date: 7/7/94
Install two precast concrete crossings, remove
two flange rail and isphlat crossings, retire two
tracks including timber crossing and flange rail and
asphalt crossing, retire one set of cantilever crossing
signals, all at Santa Fe Street.
RESOLUTION NUMBER 94-4774
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF SALINA, KANSAS AND UNION PACIFIC
RAILROAD COMPANY FOR THE REHABILITATION OF RAILROAD CROSSINGS
ON SANTA FE AVENUE.
Kansas: BE IT RESOLVED by the Governing Body of the City of Salina,
Section 1. That the Mayor is hereby authorized to execute the
agreement between the City of
Salina, Kansas
and
Union Pacific Railroad
Company for the rehabilitation of
railroad crossings
on
Santa Fe Avenue.
Section 2. That this
Resolution shall
be
in full force and effect
iI from and after its adoption.
I
Adopted by the Board of Commissioners and signed by the Mayor this
1st day of August, 1994.
/roes A. Warner, Mayor
[SEAL]
ATTEST:
4
City Clerk
;i I HEREBY CERTIFY THAT THE FOREGOING RESOLUTION IS A TRUE AND CORRECT COPY
OF THE ORIGINAL RE SSED BY THE GOVERNING BODY ON AUGUST 1, 1994.
D tel/ tiY!/l�
'i � p
1Ei70 : z
s is JUDY . LON CITY CLERK
0