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: