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6.7 Railroad Crossing Safety Project Funding CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE 3/23/09 TIME 4:00 P.M. AGENDA SECTION NO: 6 ORIGINATING DEPARTMENT: Department of Public Works APPROVED FOR AGENDA: ITEM NO. Page 1 7 BY: Daniel R. Stack BY: ITEM Agreement with the Kansas Department of Transportation (KDOT) for a State Funded Railroad Crossing Safety Program, Project No. 106 X-2745-01. BACKGROUND KDOT has requested the City of Salina execute an agreement for the upgrade of six at grade railroad crossings in north Salina (Front, 2nd, 3rd, North, 5th, and 1ih Street crossings). The attached letter and agreement allow collaboration between the City of Salina, KDOT and the Kansas & Oklahoma Railroad (K&O RR). This is a completely State Funded Railroad Crossing Safety Program and the agreement must be executed before the upgrade program can begin. Work is planned for October 2009. The key elements in the agreement are: · Relationship between KDOT/City of Salina/K&O RR · Upgrades of railroad crossing warning devices such as signage and pavement markings · Public traffic safety · 100% funded by KDOT · Installation to be done by an independent contractor FISCAL NOTE Funded 100% with State funds. RECOMMENDATION Staff recommends the City Commission approve the agreement between KDOT and the City of Salina and authorize the Mayor to sign the agreement for this State Funded Railroad Crossing Safety Program, Project NO.1 06 X-2745-0. Enclosures: Letter and Agreement ~~~ KANSAS DEPAR1MENT OF TRANSPORTATION February 11,2009 Kathleen Sebeliu5, Governor Deb Miller, Secretary http://www. ksdot.org Mi-, John Vanier,II Mayor, City of Salina PO Box 736 Salina, KS 67402-0736 RECErVED FtB 1 a 2D09 CITY MA'NA'(j'" , c:R 8 aFFle~ Dear Mi-, Vanier: Subject Project No. 106 X-2745-01 State Funded Railroad Crossing Safety Program The Kansas Department of Transportation (KDOT) has a program to upgrade crossbuck signs, advance warning signs and pavement markings at non-signalized crossings as set forth in the plans enclosed for your review. These signs will utilize material called 'retroreflective sheeting, Type IV'. Installation will be done by a contractor selected through competitive bids according to KDOT procedures. KDOT will act as the agent for both the railroad and the local public authority. Also, enclosed are two (2) original copies of an agreement for your review and signature. Please note, the advance warning signs with posts and any necessary pavement markings installed by the contractor are included in the City's/County's agreement. These will be funded 100% using State funds. Once installed, maintenance will become the responsibility ofthe local public authority. Under this same project a separate agreement will be executed with the railroad for the crossbuck signs which they will maintain and contribute 20% of the cost. Please sign both copies of the agreement as expeditiously as possible and return to this office for further handling. An October 2009 letting date is planned for this project. A fully executed copy of the agreement will be returned to you upon the Secretary's signature. If you have questions regarding this project or choose not to participate, please contact me at 785-296- 0165 or email iill@ksdot.org. Sincerely, Jim L. Kowach, P.E. ~r~ Jfl'l Burton, Technician Specialist Attachments c: Mitch Sothers, Coordinating Engineer BUREAU OF DESIGN Jim 1. Kowach. P.E.. Chief Dwight D. Eisenhower State Office Building 700 S. W. Harrison Street: Topeka, KS 66603-3745 . (785) 296-3531 . Fax: (785) 296-6946 TTY (Hearing Impaired): (785)296-3585 · e-mail: publicinfo@ksdot.org' Public Access at North Entrance of Building "SECRET AR Y'S ORIGTI\TAL" AGREEMENT This Agreement made and entered into this day of , by and between the Local Governing Entity of the" City of Salina" and the Secretary of Transportation of the State of Kansas, hereinafter called "Secretary." WHEREAS, the Secretary and the Local Governing Entity consistent with the Transportation Equity Act for the 21 st Century and the laws of Kansas are empowered to enter into agreements for the placement of advance warning devices on sections of the street system at all passive crossings located within the Local Governing Entity's jurisdiction; and WHEREAS, each railroad crossing location selected for the advance warning devices was chosen through a review of passive crossing locations by the appropriate railroad within the Local Governing Entity's jurisdiction and shall be assigned a project number for each railroad line segment: and WHEREAS, the Local Governing Entity requests the Secretary to take such steps as are deemed by the Secretary to be necessary or advisable for the purpose of securing approval of FHW A. NOW, THEREFORE, in consideration of these premises, and the mutual covenants herein contained, and subject to approval of the FHW A, the parties hereto agree as follows: ARTICLE I. DEFINITIONS 1. Definitions. For all purposes relating to this Agreement the following identified words or phrases shall have the following meaning: a. Parties. The Local Governing Entity and the Secretary. b. Plans. Plans shall mean the detailed descriptions of the construction locations, which include placement of the traffic control devices and are made a part of this Agreement by reference. c. Project. The railroad crossing sites by railroad line segments, determined by the Railroad, qualify for the installation of advance warning devices, utilizing prismatic reflective sheeting and state of the art pavement marking material. ARTICLE II. REQUIREMENTS OF THE LOCAL GOVERNING ENTITY 1. The Local Governing Entity agrees that the Secretary or his authorized representative shall act as it's agent with full authority to determine the following: a. The dates upon which the work will progress and terminate. b. The appropriate barricades and signing to be placed on or about the project limits to direct traffic. 2. The Local Governing Entity agrees after completion of each project that it shall have sole responsibility for and maintain at their expense, according to the same standards as shown on the plans, the traffic control devices placed on roadways or streets under their jurisdiction according to the requirements of the Manual on Uniform Traffic Control Devices (MUTCD). 3. The local Governing Entity agrees to advise the Secretary of any existing structures, pole lines, pipelines, meters, manholes and other utilities, above or below the ground or in the vicinity of the project in accordance with the plans. 4. The local Governing Entity agrees to assist the Secretary, when requested, in the evaluation of the effectiveness of the project, following construction, with respect to safety. Accident data, traffic volume counts and other pertinent information is included in the information that may need to be provided to the Secretary to complete an evaluation. 5. The Local Governing Entity agrees to be responsible for disposal of any existing advance warning signs and posts that are removed by this project. 6. The Local Governing Entity agrees to adopt all necessary ordinances and/or resolutions and to take such legal steps as may be required to give full effect to the terms of this Agreement. ARTICLE III. REQUIREMENTS OF THE SECRETARY The Secretary agrees to prepare all detailed plans and specifications, including special provisions, for the project involving the property of the Local Governing Entity. The plans and specifications shall be approved by the Local Governing Entity and the Secretary before any contracts are awarded by the Secretary and before any work is done by the contractor. All construction and work done by the contractor shall be in accordance with the approved plans and specifications. 2. The Secretary agrees to provide the prismatic grade advance warning signs and posts through the lowest responsible bidding. ARTICLE IV. REQUIREMENTS OF BOTH PARTIES 1. The parties agree that the total cost of the project will be funded by hundred percent (100%) with state funds. The cost of the project will include preliminary engineering, construction and such other items as are properly chargeable to the project. 2. The parties agree that each project, when approved, shall be undertaken, prosecuted and completed for and on behalf of the Local Governing Entity by the Secretary acting in all things as it's agent. The Local Governing Entity constitutes and appoints the Secretary as it's agent, and all acts, proceedings, matters and things hereinafter done by the Secretary in connection with each proj ect are by the Local Governing Entity authorized, adopted, ratified and confirmed to the same extent and with the same effect as though done directly by the Local Governing Entity acting in it's own individual corporate capacity instead of by it's agent, except as otherwise modified by this Agreement. , 2 3. The parties agree that the location, form and character of the advance warning devices installed, placed or maintained shall conform to the Manual on Uniform Traffic Control Devices and specifications adopted under K.S.A. 8-2003 and any amendments thereto are incorporated by reference. 4. The parties agree that each project, when approved, is hereby made a part of this Agreement, and lists the railroad crossing improvement sites for each project. 5. The parties agree that if, in the judgment of the Director of Accounts and reports, Kansas Department of Transportation, sufficient funds are not appropriated to continue the function performed in this Agreement and for the payment of the charges hereunder, the Secretary may terminate this Agreement. The Secretary agrees to give written notice 30 days prior of termination to the Local Governing Entity. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to either party. 6. The parties agree that all work contemplated in this Agreement shall be mutually scheduled and coordinated, commenced promptly and completed without delay. All work shall be performed in a good workmanlike manner. 7. The parties agree this Agreement shall be subject to, governed by, and construed according to the Laws of the State of Kansas. 8. The parties agree this Agreement shall be binding upon the Local Governing Entity and the Secretary and their successors and assigns. 9. It is further understood by the parties that no third party beneficiaries are intend to be created by this Agreement, nor do the parties herein authorize anyone, not a party to this Agreement, to maintain a suit for damages pursuant to the terms or provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement in duplicate the day and year first above written. DEBRA L. MILLER SECRETARY OF TRANSPORTATION BY: DANIEL L. SCHERSCHLIGT, P.E. DIRECTOR OF ENGINEERING AND DESIGN LOCAL ENTITY OF: BY: TITLE: