Railroad Crossing Safety Program
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"CITY'S ORIGINAL"
AGREEMENT
This Agreement made and entered into this ZS~ day Ofn , 20cJ 9,
by and between the Local Governing Entity of the "City o~ the
Secretary of Transportation of the State of~ansas, 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
FHWA.,
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 rpaterial.
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.
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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 (MUTeD).
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
1.
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.
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2. The Secretary agrees to provide the prismatic grade advance warning signs and posts
through the lowest responsible bidding.
ARTICLE IV. REOUIREMENTS 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 project' 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.
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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 crossinghnprovement 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 aIlY penalty to be charged to either party.
6. The parties agree thai 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 workmatllike 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
SECRE RY OF TRANSPORTATION
BY:
DA IEL 1;. HERSCHLIGT, P.E.
DIRECTOR OF ENGINEERING
AND DESIGN
BY:
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LOCAL ENTITY OF:
TITLE:
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