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Audit # 176486 Elm & Ash Street Crossing Improvements Agreement812745.PHC 4.Co. 'r ernent it Pio. THIS AGREEMENT, executed in duplicate this day of 191,'�, by and between UNION PACIFIC RAILROAD COMPANY, a Utah ration, (hereinafter the "Railroad') and the CITY OF SALINA, a municipal corporation of the State of Kansas (hereinafter the "Political Body"), WITNESSETH: RECITALS: The Political Body has requested the Railroad to improve two existing crossings, at grade, along, over and across the Railroad's track and right-of-way as follows: E. Elm Street Milepost 551.22 DOT 814 177S E. Ash Street Milepost 551.09 DOT 814 178Y on the McPherson Subdivision 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 install concrete crossing surfaces, including rail, ties, ballast and fabric at the intersections of the Railroad's track with E. Elm Street and E. Ash Street at Milepost 551.22 and Milepost 551.09, respectively, McPherson Subdivision, in Salina, Kansas, as shown generally on prints dated February 1, 1995, attached hereto and marked Exhibit "A." 2. Upon completion of the work, the Political Body shall pay the Railroad the sum of One Hundred Twenty-one Thousand Five Hundred Dollars ($121,500.00) 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. Articles of Agreement Page 1 of 3 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. 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. Articles of Agreement Page 2 of 3 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. 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: (Seal) Articles of Agreement Page 3 of 3 UNION PACIFIC RAILROAD COMPANY Title: DIR.-MMUCTS & A FA CITY OF SALINA By T) V� Its Pursuant to Resolution/Order dated , 19if, hereto attache . r RAIL MCPHERSON 3 -..� :: 11 - •a �l A■��t■ 133# JT'D RAIL SIDING TRK INSTALL 3 - 72' CMX CONCRETE ` CROSSINGS WITH RUBBER FLANGEp►YS. RELAY 3 TRACKS WITH 117' or 133# RAIL, INSTALL HEW 10' TIES, BALLAST, AND FABRIC. RETIRE 3 - 72' TII®ER CROSSINGS TRAFFIC CONTROL & STREET SURFACING i BY CITY OF SALIVA I �-- 4 9 UNION PACIFIC RAILROAD COMPANY SAMNA, KANSAS E. ELM STREET DOT 814177S M.P. 551.33 MCPHERSON SUB ESTIMATE OF MATERIAL AND FORCE ACCOUNT WORK BY THE UNION PACIFIC RAILROAD COMPANY FOR THE CITY OF SALINA DESCRIPTION OF WORK: INSTALL 3 EACH 72 FT. RUBBER/CONCRETE CROSSINGS, RELAY RAIL ON MAIN TRACK AND 2 SIDE TRACKS, RELAY OTM, TIES AND INSTALL BALLAST ON EAST ELM STREET AT MILE POLE 551.33 ON THE MCPHERSON SUBDIVISION, DOT 814177S IN SALINA, KANSAS. LOCATION: SALINA SERV. UNIT: 02 STATE: KANSAS DATE:02/01/95 ------------------------------------------------------------------------ JOB DESCRIPTION N0. ------------- HIGHWAY CROSSINGS SIGNALS ENGINEERING (SIGNAL) INSTALL SIGNALS (34004) REMOVE XING SIGNALS (34007) MISCELLANEOUS SIGNAL LABOR ADDITIVES M.S.E. SALES TAX EQUIPMENT RENTAL PERSONAL EXPENSES ROAD CROSSING ENGINEERING TIES 9 FT. (10005) 0 TIES 10 FT.(10005) 135 RAIL 702 OTM(SPKS.TPLTS & FAB)702 430 COMPROMISE JTS. 0 FIELD WELDS 6 BALLAST (19003) 285 WORK TRAIN SERVICE 1 PREFAB.TIMBER(20005) 0 CONC.CROSSING(20005) 216 RUBBERPAD XING(20005) 0 LABOR ADD. 1387 MSE 2248 SALES TAX TF EQUIPMENT RENTAL 0 SAW CUT STREET APPROACH 8286 TRAFFIC CONTROL TF ASPHALT 0 LABOR MATERIAL TOTAL 0 0 0 0 0 0 1578 430 1858 0 0 2 0 16 0 0 0 0 3436 448 3884 (BY CITY) 0 82506 47263 129769 5000 EA 0 0 EA 9421 5601 LF 1690 2480 LF 1272 3877 PR 0 0 EA 5790 663 TN 4707 1387 DY 2248 0 TF 0 0 TF 8286 30624 TF 0 0 44092 348 1712 (BY CITY) 0 82506 47263 129769 REMOVAL REMOVE CROSSING 3855 REMOVE RAIL 698 REMOVE TIES 4322 REMOVE OTM 524 LABOR ADD. 10793 20192 TOTAL PROJECT 106134 47711 PAGE 02 20192 153845 ------------------------------------------------------------------ SALVAGE NONUSABLE MATERIAL — NONE ------------------------------------------------------------------ NOTE: CITY OF SALINA TO.PAY FLAT RATE OF $250.00 PER TRACK FOOT (TOTAL OF $54,000.00) AND PROVIDE TRAFFIC CONTROL AND THE ASPHALT. REMAINDER OF COSTS AND WORK TO BE DONE BY U.P.R.R. ESTIMATED COST TO CITY 54000 ESTIMATED COST TO UPRR 99845 TOTAL ESTIMATED COST OF PROJECT 153845 THE ABOVE FIGURES ARE ESTIMATES (II.LV i>I (L'"F..-T r�.T 'T C) FLUCTTT T\TION. IN THE EVENT OF AN INCREASE OR DECREASE IId THE _OST OR AMOUITT ':1F MATERIAL OR LABOR REQUIRED, THE STATE AND CITY DILL BE BILLED FOR iyC.'TUAL CONSTRUCTION COSTS AT THE CURRENT RATES EFFECTIVE THEREOF. TO MCPHERSON' 133# JT' D RAIZ, MCPHERSON SUB 90# ARA JT'D RAIL SPQR TRACKS TRUCK SCALES ss� r DRXVZWAY INSTNiL 3 - 90' OMNI CONCRETE CROSSING WITH RUBBER Y9. RELAY 3 TRACKS WITH 117. O! 133# RAIL, INSTALL NEW 10' T32S, BALLAST AND H'ABRIC. RETIRE 3 - 88' TZMER CROSSINGS TRA MC CONTROL 6 STREET SURFACING BY CITY OF as*-T*m . r* --'49'' UNION PACIFIC RAILROAD COMPANY SALINA, KANSAS E. ASH STREET DOT 814178Y M.P. 551.09 MCPHERSON SUB ESTIMATE OF MATERIAL AND FORCE ACCOUNT WORK BY THE UNION PACIFIC RAILROAD COMPANY FOR THE CITY OF SALINA DESCRIPTION OF WORK: INSTALL 3 EACH 90 FT. RUBBER/CONCRETE CROSSINGS, RELAY RAIL ON MAIN TRACK AND 2 SIDE TRACKS, RELAY OTM, TIES AND INSTALL BALLAST ON EAST ASH STREET AT MILE POLE 551.09 ON THE MCPHERSON SUBDIVISION, DOT 814178Y IN SALINA, KANSAS. LOCATION: SALINA SERV. UNIT: 02 STATE: KANSAS DATE:02/02/95 ------------------------------------------------------------------------ JOB DESCRIPTION NO. ------------- HIGHWAY CROSSINGS SIGNALS ENGINEERING (SIGNAL) INSTALL SIGNALS (34004) REMOVE XING SIGNALS (34007) MISCELLANEOUS SIGNAL LABOR ADDITIVES M.S.E. SALES TAX EQUIPMENT RENTAL PERSONAL EXPENSES ROAD CROSSING ------------- ENGINEERING TIES 9 FT. (10005) 0 TIES 10 FT.(10005) 168 RAIL 702 OTM (SPIKES, TPLATES 702 FABRIC & COMPJT) 0 FIELD WELDS 8 BALLAST (19003) 285 WORK TRAIN SERVICE 1 PREFAB.TIMBER(20005) 0 CONC.CROSSING(20005) 270 RUBBERPAD XING(20005) 0 LABOR ADD. 0 MSE 0 SALES TAX TF EQUIPMENT RENTAL 38820 SAW CUT STREET APPROACH 0 TRAFFIC CONTROL ASPHALT LABOR MATERIAL TOTAL 0 0 0 0 0 0 1578 430 1736 0 0 2 0 16 0 0 0 ------- 0 ---------- 3314 448 3762 (BY CITY) 0 96790 55022 151812 7000 EA 0 0 EA 9994 6969 LF 2114 2480 LF 1662 2879 EA 8239 532 TN 4641 1387 DY 2248 0 TF 0 0 TF 8606 38820 TF 0 0 52286 410 2085 (BY CITY) 0 96790 55022 151812 REMOVAL REMOVE CROSSING 4712 REMOVE RAIL 854 REMOVE TIES 5283 REMOVE OTM 641 LABOR ADD. 13192 24682 TOTAL PROJECT 124786 55470 PAGE 02 24682 180256 ------------------------------------------------------------------ SALVAGE NONUSABLE MATERIAL - NONE ------------------------------------------------------------------ NOTE: CITY OF SALINA TO PAY FLAT RATE OF $250.00 PER TRACK FOOT (TOTAL OF $67,500.00) AND PROVIDE TRAFFIC CONTROL AND THE ASPHALT. REMAINDER OF COSTS AND WORK TO BE DONE BY U.P.R.R. ESTIMATED COST TO CITY 67500 ESTIMATED COST TO UPRR 112756 TOTAL ESTIMATED COST OF PROJECT 180256 THE ABOVE FIGURES ARE ESTIMATE-' �)HL=,_ ,IfL' -•_r r,, FLU, -T'' :TION. IN THE EVENT OF AN INCREASE OP. DECREASE IPI THE ST OR AMOLIITT'-F MATERIAL OR LABOR REQUIRED, THE STATE AND CITY WILL BE BILLED FOR ACTUAL CONSTRUCTION COSTS AT THE CURRENT RATES EFFECTIVE THEREOF. E401934 RESOLUTION NUMBER 95-4869 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF SALINA, KANSAS AND THE UNION PACIFIC RAILROAD COMPANY, FOR THE UPGRADING OF RAILROAD CROSSINGS ON FOURTH STREET AT ELM AND ASH STREETS. BE IT RESOLVED by the Governing Body of the City of Salina, Kansas Section 1. That the Mayor is hereby authorized to execute the agreement between the City of Salina, Kansas and the Union Pacific Railroad Company for the upgrading of railroad crossings on Fourth Street at Elm Street and Ash Street. Section 2. That this Resolution shall be in full force and effect from and after its adoption. Adopted by the Board of Commissioners and signed by the Mayor this 8th day of May, 1995. _ John Divine, Mayor [ SEAL] ATTEST udy Lo g, City Cle AGENDA SECTION: 'O. 8 ITEM: NO. 4 ITEM Agreement crossing CITY OF SALINA REQUEST FOR COMMISSION ACTION jDATE nc ono Inc 4:00 P.M. ORIGINATING DEPARTMENT. ineering & Utilities BY: Shawn 0' APPROVED FOR AGENDA: BY: �-•� with the Union Pacific Railroad Company for railroad improvements. The attached agreement with the Union Pacific Railroad Company (UPRR) involves the improvement of two existing crossings located at Elm and Ash Streets. Both crossings are on the Fourth Street tracks. Each crossing includes three tracks for a total of six timber tracks to be removed and replaced with concrete panels., This type of construction is identical to recent work on Santa Fe, Belmont, Fourth Street and Ninth Street. The agreement describes the scope of work, responsibilities of the railroad and the City and sharing of costs. The City's responsiblilty includes the payment of $250 per track foot for the local share of material and labor, providing traffic control, asphalt replacement and public relations. The cost of this contract to the City is $121,500. In addition, the asphalt work is estimated to cost $30,000 for a project total of $151,500. The traffic control and public relations will be done with in-house staff and equipment. If the contract is approved, the UPRR proposes to complete the work by Fall, 1995. Closure of each street will be required for limited periods of time. The 1995 capital improvement budget includes funds for this project in the street maintenance category. RECOMMENDATION It is recommended that the City Comission approve the contract with the Union Pacific Railroad Company. Resolution Number: 95-4869 COMMISSION ACTION MOTION BY SECOND BY "HAT: UNION PACIFIC RAILROAD COMPANY CONTRACTS & REAL ESTATE DEPARTMENT R.D. UHRICH ASSISTANT VICE PRESIDENT ROOM 1100, 1416 DODGE STREET OMAHA, NEBRASKA 68179 (402)271-3753 FAX (402) 271-5493 Mr. Shawn O'Leary, P.E., Asst. Dir. City of Salina Department of Engineering & Utilities P.O. Box 736 Salina, Kansas 67402-0736 Dear Mr. O'Leary: May 22, 1995 J. A. ANTHONY DIRECTOR -CONTRACTS & JOINT FACILITIES D. D. BROWN DIRECTOR -REAL ESTATE J. L. HAWKINS DIRECTOR -OPERATIONS SUPPORT D. H. LIGHTWINE DIRECTOR -REAL ESTATE W. R. ULRICH DIRECTOR -BUILDING SERVICES Crossing: Public: KS -Salina Elm Street Crossing: Public: KS -Salina Ash Street Audit No.`606 Enclosed is the City's fully executed original of the agreement for surface improvements to the East Elm Street and East Ash Street grade crossings at Milepost 551.22 and 551.09, respectively, on our McPherson Subdivision at Salina, Kansas. The City will be responsible for traffic control and street surface work outside of the track tie ends. Arrangements must be made to notify our Manager -Track Maintenance at (913) 232-7809 at least 48 hours before doing any street surface work on our right-of-way. Union Pacific will bill the City $121,500 upon completion of the surfacing work. As information, Union Pacific Railroad Company's Federal Taxpayer Identification Number is 13-6400825 and we are doing business as a corporation. Union Pacific Railroad is continually trying to do a better job for our customers. We would like to know what we did right, and if there were any areas where you felt that our performance could improve, we would like to hear that also. Enclosed is a survey for that purpose. If you have any questions concerning the terms of this agreement, please contact me at (402) 271-2343. Questions concerning the installation of the crossings should be directed to Lary Rudolph, Manager -Industry and Public Projects, telephone (402) 271-3784. Sincerely yours, )u1ilt. MILLI SCHEER Contracts Representative