The URL can be used to link to this page

East Crawford & Fourth Street Crossing ImprovementsUNION PACIFIC RAILROAD 1400 Douglas Street Omaha, Nebraska 68179 February 24, 2015 David Kohart City of Salina 300 W Ash P.O. Box 736 Salina, KS 67402-0736 Subject: City / State Subdivision Street DOT MP Salina, KS Sid Industrial Lead E. Crawford / FAS 1 815057E 549.98 Dear David: Enclosed is a fully executed agreement(s) for the above referenced location(s). Sincerely, Alisa Rangel Sr. Engineering Services Admin Enclosures cc: Michael Benjamin WWW uPcom BUILDING AMERICK Public Road Improvements 08/24/07 Estimated Costs Form Approved -AVP Law IMPROVEMENTS TO EXISTING PUBLIC ROAD AT GRADE CROSSING FOR EAST CRAWFORD STREET, DOT 815057E M.P. 549.98 SID INDUSTRIAL LEAD SALINA, KANSAS THIS AGREEMENT, executed in duplicate thisff/4 of by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Railroad4). and CITY OF SALINA, a municipal corporation of the State of KANSAS ("Political Body"). RECITALS: Political Body has requested Railroad to improve the existing East Crawford Street crossing, at grade, along, over and across Railroad's track and right of way at Railroad Mile Post 54998, on Railroad's SID hidustrial Lead, DOT No. 815057E, in City of Salina, Saline County, State of Kansas (the "Crossing"), to which Railroad is agreeable, but solely upon terms and conditions hereinafter set forth. The location of the Crossing is generally shown on the print marked Exhibit A, attached hereto and hereby made a part hereof. AGREEMENT: NOW THEREFORE, in consideration of the premises and of the promises and conditions hereinafter set forth, the parties hereto agree as follows: 1. Railroad shall furnish all labor, material, equipment and supervision for, and shall (a) remove the existing timber crossing, (b) install 1 - 88 ft. precast concrete crossings, (c) field weld rail, (d) relay track at the Crossing with 136 pound rail, (e) renew the crossties, and (f) surface the track with rleNv ballast. 2. Political Body agrees to reimburse the Railroad for sixty five percent (65%) of Railroad's actual labor and material costs associated with the work and materials described in Section I above. Railroad estimates such cost to be Seventy Three Thousand Eight Hundred and Sixty Five Dollars ($73,865) , as set forth in Estimate of Material and Force Account dated January 30, 2015 marked Exhibit B, hereto attached and hereby made a part hereof. During the performance of such work Railroad will provide progressive billing to Political Body based on Railroad's actual costs. Actual costs to Railroad shall include customary additives (which includes its overhead and indirect construction costs) to materials, services and labor provided by Railroad. Within One Hundred Twenty (120) days after Railroad has completed its work, Railroad will submit a final billing to Political Body for any balance owed. Political Body shall pay Railroad within thirty (30) days of its receipt of progressive and final bills submitted by Railroad. 3. Railroad, at its cost, shall maintain the Crossing between the track tie ends and Political Body, at its cost, shall maintain all other portions of the Crossing. If, in the future, Political Body elects to have the surfacing material between the track tie ends replaced with paving or some surfacing material other than timber planking, Railroad, at the Political Body's expense, shall install such replacement surfacing. 4. Political Body, at its cost, shall provide all labor, material and equipment associated with traffic control, barricades, detour signing, advanced warning signs pavement markings and roadway approach work. All such work shall be in compliance with the current Manual on Uniform Traffic Control Devices. RIKS PUBLIC PROIECTb &4t. Eaa C—NdSM37E Av..tad- 7 Public Road Improvements 08/24/07 Estimated Costs Form Approved -AVP Law 5. If Political Body's contractor(s) is/are performing any work described in Section 4 above, then Political Body sliall require its contractor(s) to execute Railroad's standard and current form of 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(s) of the need to execute the Agreement and to obtain and provide to Railroad the insurance policies, binders, certificates and endorsements that are required in the Contractor's Right of Entry Agreement. Under no circumstances will the Political Body's contractor(s) be allowed onto the Railroad's premises without first executing the Contractor's Right of Entry Agreement and providing the aforesaid insurance documents. 6. Fiber optic cable systems may be buried on 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 or its contractors) shall telephone Railroad during normal business hours (7:00 a.m. to 9:00 p.m., Central Time, Monday through Friday, except holidays) at 1-800-336-9193 (also a 24-hour number, 7 day number for emergency calls) to determine if fiber optic cable is buried anywhere on Railroad's premises to be used by Political Body or its contractor(s). If it is, Political Body or its contactor(s) 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 Railroad's premises. 7. Political Body, for itself and for its successors and assigns, hereby waives any right of assessment against Railroad, as an adjacent property owner, for any and all improvements made under this Agreement. 8. Covenants herein shall inure to or bind each party's successors and assigns; provided, no right of Political Body shall be transferred or assigned, either voluntarily or involuntarily, except by express written agreement acceptable to Railroad. 9. Political Body hereby confirms that funds have been appropriated for the work set forth in this Agreement. 10. The person signing this Agreement on behalf of Political Body hereby confirms that he/she is authorized under Political Body policies and procedures to execute this Agreement and to bind Political Body to the obligations under this Agreement. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date first herein written. UNION PACIFIC RAILROAD COMPANY Tit *:4hn By •• -n • • H 1XS PUBLIC PAOOCTSMh'a Fut 0.,fo d3I5P5IF. AS+K_Y E.�c EXHIBIT "B" DATE: 2015-01-30 ESTIMATE OF MATERIAL AND FORCE ACCOUNT WORK BY THE UNION PACIFIC RAILROAD THIS ESTIMATE GOOD FOR 6 MONTHS EXPIRATION DATE IS :2015-07-31 DESCRIPTION OF WORK: 2015 RECOLLECT PROGRAM SID INDUSTRIAL LEAD MP 549.98 DOT Y 815057E E CRAW FORD / FAS 1 INSTALL 88 TF OF CROSSING SURFACE INCLUDING TIES,RAIL,OTM PROJECT TO BE FUNDED 65% CITY OF SALINA AND 356 UPRR PID: 90621 AWO: MP,SUBDIV: 549.97, SID SERVICE UNIT: 14 CITY: WESLEYAN STATE: KS DESCRIPTION QTY UNIT LABOR MATERIAL RECOLL- UPRR- TOTAL ENGINEERING WORK 3994 2596 1398 3994 ENGINEERING 9345 6074 3271 9345 LABOR ADDITIVE 234% -------- -------- ---- TOTAL ENGINEERING ------- 13339 8670 4669 13339 SIGNAL WORK 1889 1227 662 1889 LABOR ADDITIVE 2348 807 5 527 285 812 SIGNAL -------- ------ TOTAL SIGNAL 2696 5 1754 947 2701 TRACK & SURFACE WORK 7 1833 1196 644 1840 BALAST 2.00 CL 900 585 315 900 BILL PREP FEE 19000 12350 6650 19000 CONTRACT APPROCH WORK 6 4 10 ENVIRONMENTAL PERMIT 10 3 2 5 FIELD WELD 5 1342 872 470 1342 FOREIGN LINE FREIGHT 900 585 315 900 HOMELINE FREIGHT 16964 11029 5935 16964 LABOR ADDITIVE 234% 785 509 276 785 14ATL STORE EXPENSE 816 11736 8158 4394 12552 OTT 240.00 LF 2681 4706 4802 2585 7387 RAIL 88.00 TF 963 20222 13770 7415 21185 RDXING 1748 1136 612 1748 SALES TAX 66.00 EA 3093 4505 4939 2659 7598 SWTIE 3337 2169 1168 3337 TRK-SURF,LIN 912 757 1084 585 1669 WELD EA 381 248 133 381 XTIE -------- -------- TOTAL TRACK & SURFACE -29159 68444 63441 34162 97603 LABOR/MATERIAL EXPENSE 45194 68449-------- RECOLLECTIBLE/UPRR EXPENSE 73865 39778 --1136-- ESTIMATED PROJECT COST 113643 EXISTING REUSEABLE MATERIAL CREDIT 0 SALVAGE NONUSEABLE MATERIAL CREDIT 0 RECOLLECTIBLE LESS CREDITS THE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION. IN THE EVENT OF AN INCREASE OR DECREASE IN THE COST OR QUANTITY OF MATERIAL OR LABOR REQUIRED, UPRR WILL BILL FOR ACTUAL CONSTRUCTION COSTS AT THE CURRENT EFFECTIVE RATE. RESOLUTION NUMBER 15-7176 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH UNION PACIFIC RAILROAD TO PERFORM AT -GRADE PUBLIC ROAD CROSSING IMPROVEMENTS ON EAST CRAWFORD STREET. BE IT RESOLVED by the Governing Body of the City of Salina, Kansas: Section 1. The Mayor is hereby authorized to execute an agreement with Union Pacific Railroad to perform at -grade public road crossing improvements on East Crawford Street, subject to the terms and conditions of the agreement. Section 2. The City Clerk is hereby directed to file the original agreement and retain according to the City of Salina Records Management Policy. Section 3. That this resolution shall be in full force and effect from pid'aX its adoption. Adopted by the Board of Commissioners and signed by the lwyor JXfs 9`h day of February, 2015. /Aaron. Householter, Mayor (SEAL) ATTEST: Shandi Wicks, CMC, City Clerk I hereby certify that the above and foregoing is a true and correct copy of Resolution No. 15-7176 that was adopted by the Governing Body of the City of Salina at heir r ular meeting on February 9, 2015. no,"OFV Miki rr-Muths. Administrativc Assistant III '� �