C.D. # 52887-6 Fourth & Iron Bridge Replacement Agreement"CITY'S ORIGINAL"
AGREEMENT
Federal Aid Project
This Agreement made and entered into in triplicate as of the
day of , 19 , by and between the Union
Pa fic Railroad Company, a corporation of the State of Utah,
hereinafter called "Railroad", and the Secretary of Transpor-
tation of the State of Kansas, acting as agent for the City of
Salina, Saline County, Kansas, hereinafter called "Secretary",
and the City of Salina, Kansas, hereinafter called "City".
WHEREAS, the Secretary as agent for the City proposes to.,construct an
improvement of a portion of FAU Route 4832 (Iron Avenue). under a project
designated by Number 85 U-0832-01; BRM -4832(002) and,,the.improvement includes
the reconstruction of a bridge and installation of storm sewers near the
crossing of Railroad's track (DOT #814179F) located in Section 13, Township 14
South,.Range 3 West, Saline County, Kansas and between Project Baseline Stations
10+92 to Station 13+45 as shown on Exhibit "A", attached hereto and made a part
hereof, and
WHEREAS, the term "improvement" as used in this agreement, refers to work
involving property of the Railroad constructed in accordance with plans approved
by the Chief Engineer of the Railroad and the Secretary, and such plans when
approved.are made a part of this Agreement by reference thereto, and
WHEREAS, the parties desire to set forth in .this instrument their under-
standing and agreements relating to the construction, maintenance and allocation
of costs of, said. proposed work and the changes made necessary in'connection
therewith:
NOW, THEREFORE, the partieshereto agree as foll.ows:
ARTICLE I
In consideration of covenants and conditions to be fulfilled by the
Secretary and the City as hereinafter set forth, RAILROAD AGREES:
rights area
1. To give or grant and hereby does give or grant to the Secretary, the
ity and their agents and contractorrs, a across Railroad's right of
way, as shown outlined in red on Exhibit "A" and the right to enter, locate,
construct, use and maintain a roadway and fill slopes on and across Railroad's
right of way, tracks and.other facilities in accordance with plans and specifi-
cations as approved by the Railroad and the Secretary, the Railroad reserving,
however, to the Railroad its successors, assigns, tenants or lessees, the right
to construct, operate, rearrange and maintain along, above or across said right
of way, such tracks, pipelines, communication lines, signal lines, electric
lines and such other facilities as the Railroad, its successors, assigns,
tenants or lessees may from time to time find necessary or convenient, as will
not unreasonable interfere with the use'of the premises for said improvement.
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2. To furnish all labor, materials, tools and equipment and to perform all
work required to make changes in alignment, location or elevation of tracks and
appurtenances, telephone, telegraph, pipe and signal lines over and/or under its
right-of-way, property and tracks and other facilities as may become necessary
by reason of said improvement and to comply with the provisions of Volume 6,
Chapter 6, Section 2 of the Federal Aid Highway Program Manual in relocation of
non -railroad facilities occupying Railroad right-of-way. The description and
estimated cost of such work material, tools and equipment is particularly set
forth in Exhibit "6" attached hereto and made a part hereof. It is understood
and agreed that no work shall be done by the Railroad until such estimate has
been approved by the Secretary.
All work to be done hereunder by Railroad shall be done by Railroad's
employees working under Railroad Labor Agreements and shall be done on a force
account basis, or by contract, subject to the provisions of Volume 6, Chapter 6,
Section 2 of the Federal -Aid Highway Program Manual, the cost thereof to be paid
to Railroad by the Secretary in the manner hereinafter set forth.
3. Railroad shall, immediately after plans are approved, deliver to the
Secretary a written schedule of its requirement for the number of watchmen and
flagmen deemed necessary for the safety of Railroad 'property or the movement of
its trains during the progress of the work while on Railroad right-of-way, or in
connection with operations off Railroad right-of-way affecting Railroad safety,
and of the method to be used in computing its costs therefor. The Secretary
shall not be liable for such cost but his contracts will require his contractor
to assume and pay all such costs directly to the Railroad. Prior to making final
payment to his contractors, the Secretary shall require the contractors to
furnish evidence to the Secretary that the contractors have paid all charges due
from the contractors to the Railroad.
4. To present insofar as possible final detailed and itemized statement
for work performed by Railroad at expense of the Secretary within one hundred
and twenty (120) days after completion thereof, such statement to be on the
basis of detailed and itemized cost for items set forth in the estimate there-
for, and in accordance with and subject to the terms and provisions of Volume 1,
Chapter 4, Section 3 of the Federal -Aid Highway Program Manual. The Railroad may
present periodic itemized progress bills to the Secretary for work as com-
pleted. Final payment will be made in the amount of the difference between the
sum of the monthly payments made and the itemized audited statement for the
total amount of the work performed by the Railroad upon completion of the work.
In the event of overpayment, Railroad shall refund to the Secretary such excess.
Items of material removed and not re -used on the project shall be credited
to the cost of the project in accordance with Volume 1, Chapter 4, Section 3, of
the Federal Aid Highway Program Manual.
5. To act in full compliance with the "Special Attachment" (consisting of
three pages) related to Title VI of the Civil Rights Act of 1964, said "Special
Attachment" affixed hereto and made a part of this agreement.
ARTICLE II
In consideration of the covenants and conditions to be fulfilled by
Railroad and the City as herein set forth, SECRETARY AGREES:
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1. To prepare all specifications, including special provisions, and review
all detail plans for the improvement involving the property of the Railroad,
which plans and specifications shall be submitted to the Railroad for its
approval. Such plans and specifications shall be approved by both the Chief
Engineer of the Railroad and by the Secretary before any contracts are awarded
by the Secretary and before any work is done by the Railroad. All construction
and work done by the parties shall be in accordance with the approved plans and
specifications.
2. To furnish or cause to be furnished all labor, materials, tools and
equipment and to construct the improvement, except such work as is to be
performed by Railroad, in accordance with the approved plans and specifications.
3. To.require the Secretary's contractor, in respect to his work performed
upon, over or under Railroad right-of-way, to provide Railroad Protective
Liability Insurance as set forth in Volume 6, Chapter 6, Section 2, Subsection 2
of the Federal Aid Highway Program Manual with Policy Limits for Bodily Injury,
Death, and Property Damage limited to a combined single limit of $2,000,000 per
occurrence with an aggregate limit of $6,000,000 applying separately to each
annual period.
A. No work shall be started on Railroad property until:
1. Railroad receives copy of the Secretary's contract with the
Secretary's contractor.
2. Certificate of contractor's public liability and property damage
insurance has been furnished to Railroad.
3. Original copy of Railroad's protective insurance policy is fur -
niched to Railroad.
4: Railroad has advised the Secretary, in writing, that limits, form
and substance of insurance policies are -satisfactory to Railroad.
B. The aforementioned public liability and property damage policy shall be
kept in full force and effect by the Secretary's contractor during the
performance of said work upon and adjacent to Railroad's property and
thereafter until contractor removes all tools and equipment from
Railroad's property and cleans up the premises to satisfaction of
Railroad.
4. The Secretary, his contractor and agents, will give ten (10) days
written notice to the Railroad's Superintendent at Kansas City, Kansas, before
commencing work in connection with the improvement upon or adjacent to Railroad
property.
The Secretary, his contractor and agents, shall not discharge any explo-
sives on or in the vicinity of the Railroad's property (i) if in the sole
descretion of the Railroad's Chief Engineer such discharge would be dangerous or
would interfere with the Railroad's property or facilities; and (ii) unless
adequate notice thereof is given to the Railroad. For the purposes hereof, the
"vicinity of the Railroad's property" shall be deemed to be any place in such
close proximity to the Railroad's property that the discharge of explosives
could cause injury to the Railroad's employees or other persons on the Rail-
road's property, or cause damage to or interference with the facilities or
operations on the Railroad's property. Unless the Railroad's Chief Engineer
shall agree to a shorter notice with respect to a particular proposed discharge
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of explosives, "adequate notice" shall be deemed to require not less than
forty-eight (48) hours' notice, exclusive of weekends and holidays. The Railroad
reserves the right to impose such conditions, restrictions or limitations on the
transportation, handling, storage, security and u.se of explosives as the
Railroad in its sole discretion may deem to be necessary, desirable or appropri-
ate. In addition to any conditions, restrictions or limitations as may be
specifically imposed:
(1) Any explosives loaded in holes or placed or otherwise readied for
discharge on a day shall be discharged on the same day during daylight hours,
and at such times and in such manner as will not endanger the Railroad's
employees or property or interfere with the Railroad's operations.
(2) The Secretary, his contractor and agents, at their own expense, shall
take all measures and precautions and construct all temporary shelters necessary
to guard and protect the Railroad's employees, property, facilities and opera-
tions against danger of damage, destruction or interference arising out of or
connected with any blasting or any transportation, handling, storage, security
or use of explosives on or in the vicinity of the Railroad's tracks, property or
operations.
(3) The Secretary, his contractor and agents, shall require at all times
that explosives be transported, handled, stored or otherwise secured and used in
a manner satisfactory to the Railroad and in accordance with local, state and
federal laws, rules and regulations, including without limitations, U.S.-
Department of Labor, Bureau of Labor Standards, Safety and Health Regulations
for Construction, 29 CFR Part 1518, Subpart U --"Blasting and the Use. of Explo-
sives"; and Occupational Safety and Health Administration Occupational Safety
and Health Standards, 29 CFR Part 1910, Subpart H --"Hazardous Materials'", and
any supplements or amendments thereto.
5. To require all work on said project to be performed in 'a manner that
will not endanger the safety of the Railroad or unduly interfere with the
operation thereof. If, in the reasonable opinion of the Railroad, the operation
of the Secretary's contractor is endangering the safety of the. Railroad's
operation, Railroad may immediately, through the Secretary, order the termina-
tion of further work on Railroad's premises without liability on the Railroad's
part until the dangerous condition has been corrected.
6. To reimburse the Railroad promptly upon receipt of properly computed
and compiled statements for cost incurred for work done by the Railroad in
accordance with the provisions of this Agreement.
Provided, however, the cost of the work as set forth in the estimate
required by Article I, Section 2, is an estimate only and it is understood that
the Secretary will reimburse the Railroad on the basis of actual cost.
Provided, however, that the Secretary shall not have any liability for or
obligation to pay for any work done by Railroad unless statement therefor is
presented to and received by the Secretary before the expiration of one year
after the day of completion of all work done by the Railroad in accordance with
the provisions of this Agreement.
In the event the Secretary shall for any reason cancel or terminate his
contract and abandon the construction of said structures or in the event the
Secretary's contractor shall stop work thereon for a period of sixty (60)
calendar days, other then seasonal suspensions authorized by the Secretary, for
reason over which the Secretary or contractor has control, and the Secretary has
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not prepared to relet or resume work under the contract,. the Railroad shall have
the right to restore its property to the condition existing prior to commence-
ment of work on said structures. The Secretary agrees to*reimburse Railroad for
all expenses incurred by Railroad for such restoration by Raifroad.
ARTICLE III
In consideration of the covenants and conditions to be fulfilled by
Railroad and the Secretary as hereinafter set forth, CITY AGREES:
1. To prepare all detail plans, which plans shall be submitted for review
and approval by both the duly designated representative of the Railroad and the
Secretary.
2. To maintain and repair completed improvement without cost or expense to
the Railroad and in a manner satisfactory to the Federal Highway,Administration,
United State Department of Transportation, or their authorized representatives.
3. To secure or cause to be secured all highway right of way required for
or incident to the proposed improvement, including any right of way required for
borrow right, except that provided for in Section I of.Article I hereof.
4. To make any and all arrangements with Railroad and others that may be
necessary for the location and relocation of wire lines, pipelines, and other
facilities not owned by the Railroad; provided, however, that the Railroad (a)
shall make or cause to be made such changes and rearrangements in its fences,
communication lines, signal lines, signals and other facilities as may be
necessary and (b) the Railroad shall arrange for any changes and rearrangements
in the wire lines, pipelines, or other facilities of the Railroad's tenants or
lessees as may be necessary on account of the construction of the improvement to
be made; PROVIDED, however, any compensation required because of such changes
and rearrangements shall be borne solely by the Secretary.
ARTICLE IV
SECRETARY, CITY AND RAILROAD MUTUALLY AGREE:
1. That all work contemplated in this Agreement shall be mutually sched-
uled and coordinated, commenced promptly and completed without undue delay. All
work shall be performed in a good workmanlike manner.
2. The parties hereto agree that no benefits will accrue to the Railroad
pursuant .to the provisions of Title 23 of the US Code (Highways) as amended and
Volume 6, Chapter 6, Section 2 of the Federal -Aid Highway Program Manual, due to
the construction or use of said improvement because: the project covered by this
agreement is the reconstruction of an existing highway, Volume 6, Chapter 6,
Section 2, Subsection 1, Paragraph 4(b) of the Federal -Aid Highway Program
Manual, in view of which there will be no Railroad contribution.
3. The books, papers, and accounts of the parties hereto, so far as they
relate to items of expense, labor and materials, or are in any way connected
with the work herein contemplated, shall at all reasonable times during regular
office hours be open to inspection and audit by agents and authorized represen-
tatives of the parties hereto and of the Federal Highway Administration for a
period of three (3) years from the date final payment has been received by the
Railroad.
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:-4. This Agreement shall be binding upon and inure to the benefit of the
Railroad, its successors and assigns, and upon and to the successors and assigns
of the Secretary.
5. That all disbursements required by this agreement shall be from funds
allocated by either the City or the FHWA and the Secretary assumes no obligation
for payment hereunder other than as agent for the City.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement in
triplicate the day and year first above written.
Poem JOHN B. KEMP, P.E.
APPBUP&D SECRETARY OF TRANSPORTATION
BY
egal Dept. BY
IMOT
ASSISTANT CHIEF16NVINEER
THE CITY OF SALINA, KANSAS -
BY:
TITLE: Mayor
ATTEST:
Gfivwxti-'
City Clerk
JOHN B. KEMP-, P. E,
SECRETARY OF TRANSPORTATION
j
BY: -
'6-
Special Attachment No. 1
Sheet 1 of 3
KANSAS DEPARTMENT OF TRANSPORTATION
Special Attachment
To Contracts or Agreements Entered Into
by the Secretary of Transportation of the State of Kansas
NOTE: Whenever this Special Attachment conflicts with provisions of the
Document to which it is attached, this Special Attachment shall govern.
THE CIVIL RIGHTS ACT OF 1964 AND
REHABILITATION ACT OF 1973
NOTIFICATION
The Secretary of Transportation for the State of Kansas, in accordance with the
provisions of Title VI and Title VII of the Civil Rights Act of 1964 (78 Stat.
252), 9504 of the Rehabilitation Act of 1973(87 Stat. 355) and the Regulations
of the U.S. Department of Transportation (49 C.F.R., Part 21, 23 and 27), issued
pursuant to such Act, hereby notifies all contracting parties that, the con-
tracting parties will affirmatively insure that this contract will be implement-
ed without discrimination on the grounds of race, religion, color, sex, age,,
physical handicap, or national origin, as more specifically set out in the
following eight 'Nondiscrimination Clauses'.
CLARIFICATION
Where the term 'consultant' appears in the following seven 'Nondiscrimination
Clauses', the term 'consultant' is understood to include all parties to con-
tracts or agreements with the Secretary of Transportation of the State of
Kansas.
'ne: i al .A, aCh Pf=,-,t No. i
S�Ieet 2, 017 3
Nondiscrimination Clauses
During the performance of this contract, the consultant, or the consultant's
assignees and successors in interest (hereinafter referred to as the 'consul-
tant's), agrees as follows:
(1) Compliance witn Regulations: The consultant will comply with the
Regulations of the U.S. Department of Transportation relative to
nondiscrimination in federally -assisted programs of the U.S. Depart-
ment of Transportation (Title 49, Code of Federal Regulations, Parts
21, 23 and 27, hereinafter referred to as the Regulations), which are
herein incorporated by reference and made a part of this contract.
(2) Nondiscrimination: The consultant, with regard to the work performed
by the consultant after award and prior to the completion of the
contract work, will not discriminate on the grounds of race, religion,
color, sex, age, physical handicap, or national origin in the selec-
tion and retention of subcontractors, including procurements of
materials and leases of equipment. The consultant will not participate
either directly or indirectly in the discrimination prohibited by
Section 21.5 of the kegulations, including employment practices when
the contract covers a program set forth in Appendix B of the Regula-
tions.
(3) Solicitations for Subcontractors, Including Procurements of Materials
and Equipment: In all solicitations either competitive. bidding or
negotiation made by the consultant for work to be performed under a
subcontract including procurements of materials or equipment, each
potential subcontractor or supplier shall be notified by the consul-
tant of the consultant's obligation under this contract and the
Regulations relative to nondiscrimination on the grounds of race,
religion, color, sex, age, physical handicap, or national origin.
(4) Information and Reports: The consultant will provide all information
and reports required by the Regulations, 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 Regulations,
orders and instructions. Where any information required of a consul-
tant is in the exclusive possession of another who fails or refuses to
furnish this information, the consultant snail so certify to the
Secretary of Transportation of the State of Kansas and shall set forth
what efforts it has made to obtain the informat,:or.
Employment: The consultant will not u!�cri�n nate against any employee
or applicant for employment because cf race, re'igion, color, sex,
age, physical handicap, or national ori::;n.
Special Attachment No. 1
Sheet 3 of 3
(6) Sanctions for Noncompliance: In the event of the consultant's noncom-
pliance with the nondiscrimination provisions of this contract, the
Secretary of Transportation of the State of Kansas shall impose such
contract sanctions as the Secretary of Transportation of the State of
Kansas may determine to be appropriate, including, but limited to,
(a) witnno*lcing of payments to the consultant under the contract
until the contractor comples, and/or
(b) cancellation, termination or suspension of the contract, in whole
or in part.
;7) Disadvantageo business Obligation
(a) Disadvantaged nusinesses as defined in the Regulations, shall
nave the maximum opportunity to participate in the performance of
contracts finance in whole or in part with Federal funds under
tnis contract.
(b) All necessary and reasonable steps shall be taken, in accordance
with the Regulations to ensure that Disadvantaged Businesses
nave the maximum opportunity to compete for and perform con-
tracts. No persons; snall be discriminated against on the basis
of race, religion, color, sex, age, physical handicap or national
origin in the award and performance of Federally -assisted
contracts.
(8) Incorporation of Provisions: The consultant will include the provi-
sions of paragraph (1) through (8) in every suocontract, including
procurements of materials and leases of equipment, unless exempt by
the Regulations, 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 enforcing such provisions including sanctions
for noncompliance: Provided, however, that, in the event a consultant
becomes involved in, or is threatened with, litigation with a subcon-
tractor or supplier as a result of such direction, the consultant may
request the State to enter into such litigation to protect the
interests of the State.
MATERIAL 6 FORCE ACCOUNT ESTIMATE
BY THE
UNION PACIFIC RAILROAD COMPANY
FOR THE
STATE OF KANSAS
Install two
8 ft. Solid
Plank Crossing
Extensions at
Iron Avenue, M.P.
1.10, McPherson
Branch ML,
Salina, Kansas,
DOT No. 814
179 F.
NEBRASKA DIVISION
October 12, 1984
1200
0
300
No-. • - • Description • • • .
--Labor
;-Material • • • TOTAL
T337
TM 8280
001 Installation
Install solid plank road
crossing
230
225
Additives
233
32
Contingencies
-46
23
To
I . To 789
002 Engineering Inspection
Engineer Inspection 1 mo.
Personal Expense 1 mo.
Additives
Contingencies
Equipment Rental
I
3000
1200
3037
300
168
575
T337
TM 8280
TOTAL LABOR AND MATERIAL $6847 $2223 $9069
Flagging or roadway watchman service performed for the State or State's
Contractor and recollectible from the State will be reported on Form 1054,
"Labor Report".
The above figures are estimate only and subject to fluctuation. In the event
of an increase in the cost or amount of material and labor required, the State
will be billed for actual construction costs at the current rates effective
thereof.
RESOLUTION NUMBER 85-3764
FEDERAL AID PROJECT
WHEREAS, UNION PACIFIC RAILROAD COMPANY has tendered to the
CITY OF SALINA, SALINE COUNTY, KANSAS, an agreement covering public
road crossing; such agreement being Identified in the records of the
Railroad Company as its C.D. 52887-6; ar+d
WHEREAS, the Board of . Commissioners of said City has said proposed
agreement before it and has given it careful review and consideration; and
WHEREAS, it is considered that the best interets of said City will be
subserved by the acceptance of said agreement; SO NOW, THEREFORE
BE IT RESOLVED by the Governing Body of the City of Salina, Kansas;
That the terms of the agreement submitted by Union Pacific Railroad
Company as aforesaid be, and the same are hereby accepted In behalf of said
City;
That the Mayor of said City Is hereby authorized, empowered, and
directed to. execute said agreement on behalf of said City, and that the City
Clerk of said .City is hereby authorized. and directed to attest said agreement
and to attach to each duplicate original of said agreement a certified copy of
this resolution.
Adopted by theBoard of Commissioners and signed by the Mayor this
28th day of January, 1985.
Charles y B. Roth, ?7-5yor
[SEAL]
MATERIAL & FORCE ACCOUNT ESTIMATE
BY THE
UNION PACIFIC RAILROAD COMPANY
FOR THE
STATE OF KANSAS
Install two
8 ft. Solid
Plank Crossing
Extensions at
Iron Avenue, M.P.
1.10, McPherson
Branch ML,
Salina, Kansas,
DOT No. 814
179 F.
NEBRASKA DIVISION October 12, 1984
0
No-.,, Description - • � � tabor Materiai • • • . TOTAL
001 Installation
Install solid plank road
crossing
Additives
Contingencies
002 Engineering Inspection
Engineer Inspection 1 mo.
Personal Expense 1 mo.
Additives
230
225
233
32
•46
23
TR
To
3000
1200
3037
789
Contingencies 300 168
Equipment Rental 575
639 TM 8280
TOTAL LABOR AND MATERIAL $6847 $2223 $9069
Flagging or roadway watchman service performed for the State or State's
Contractor and recollectible from the State will be reported on Form 1054,
"Labor Report".
The above figures are estimate only and subject to fluctuation. In the event
of an increase in the cost or amount of material and labor required, the State
will be billed for actual construction costs at the current rates effective
thereof.
z5F:�--h.f., ¢- `29 n
AGENDA SECTION:
NO. 6
ITEM
NO. 4
CITY OF SALI CSA
REQUEST FOR COMMISSION ACTION DATE TIME
01/28/85 4:00 P.M.
Consent ORIGINATING DEPARTMENT:
Engineering
Dean Bover
APPR9XED
AG DO
This is a three party agreement between the Union Pacific Railroad Company,
the Kansas Department of Transportation and the City of Salina, Kansas. This
agreement is a requirement of the Union Pacific for constructing certain improve-
ments within their rights of way or easements that are a part of the bridge re-
placement project at Fourth Street and Iron Avenue.
I request you approve the Resolution Number 85-3764 and sign the agreement.
This bridge replacement project should then be let to contract in April, 1985.
1 MOTION BY
I TO:
COMMISSION ACTION
SECOND BY