Grade Crossing
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"CITY'S ORIGINAL"
Agmt. No. 006053079
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AGREEMENT
This Agreement made and entered into in triplicate as
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of the :;"- day of a'-f , 2ó¡JS, by and
between the Kansas and O~lahoma Railroad Company,
hereinafter called "Railroad", and the Secretary of
Transportation of the State of Kansas, acting as agent
for the City of Salina, Saline County, Kansas,
hereinafter called "Secretary", and the City of Salina,
Saline County, Kansas, hereinafter called "City".
WHEREAS, the Secretary as agent for the City proposes to
construct an improvement of a portion of Ohio Street under a
project designated by Number 85 K-8307-01; Saline County, Kansas,
and the improvement includes the construction of a new overpass
structure and the removal of the at grade crossing on and across
the right-of-way of the Railroad, located in Section 12, T14S, R3W
and Section 7, T14S, R2W, Saline County, Kansas, as shown on
Exhibit "A", attached hereto and made a part hereof, and
WHEREAS, the term" improvement"
refers to work involving property of
accordance with plans approved by
Railroad and the Secretary, and such
a part of this Agreement by reference
as used in this Agreement,
the Railroad constructed in
the Chief Engineer of the
plans when approved are made
thereto, and
WHEREAS, the parties desire to set forth in this instrument
their understanding 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 parties hereto agree as follows:
ARTICLE I
In consideration of covenants and conditions to be fulfilled
by the Secretary and the City as hereinafter set forth, RAILROAD
AGREES:
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1. To give or grant and hereby do give or grant solely to
the extent of their interest therein to the Secretary, the City
and their agents and contractors, an easement across Railroad's
right-of-way, as shown outlined in red on Exhibit "A", and the
right to enter, locate, construct, use and maintain an overpass
structure on and across Railroad's right-of-way, tracks and other
facilities in accordance with plans and specifications as approved
by the Railroad and the Secretary. The Railroad reserves,
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
facili ties as the Railroad, its successors, assigns, tenants or
lessees may from time to time find necessary or convenient, as
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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 23 C. F. R., Chapter I, Part 646, in relocation
of non-railroad facilities occupying Railroad right-of-way. Said
Title 23 Code of Federal Regulations (23 C. F. R.) is by reference
made a part of this agreement. The description and estimated cost
of such work, material, tools and equipment is particularly set
forth in Exhibit "B" 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 23 C. F. R., Chapter I, Part 646, 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 therefore. 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 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 therefore,
and in accordance with and subject to the terms and provisions of
23 C. F. R., Chapter I, Subchapter B, Part 140, Subpart I. The
Railroad may present periodic itemized progress bills to the
Secretary for work as completed. 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 23
C. F. R., Chapter I, Subchapter B, Part 140, Subpart I.
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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:
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 23
C. F. R., Chapter I, Part 646, with Policy Limits for Bodily
Inj ury, 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.
Certificate of contractor's public liability and
property damage insurance has been furnished to
Railroad.
2.
Original copy of Railroad 's protective
policy is furnished to Railroad.
insurance
3.
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.
(10)
4. The Secretary, his contractor and agents, will give ten
days written notice to the Railroad, before commencing work
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in connection with the improvement upon or adj acent to Railroad
property.
...
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
termination 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 therefore 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. Railroad shall not be responsible
for Secretary's billing errors should said errors fail to notify
Railroad of the completion of the work.
In the event the Secretary shall for any reason cancel or
terminate his contract and abandon the construction of said
roadway or in the event the Secretary's contractor shall stop work
thereon for a period of sixty (60) calendar days, other than
seasonal suspensions authorized by the Secretary, for reason over
which the Secretary or contractor has control, and the Secretary
has not prepared to relet or resume work under the contract; the
Railroad within a period of one hundred and eighty (180) calendar
days of work stoppage, the Railroad shall have the right to
restore its property to the condition existing prior to
commencement of work on said roadway. The Secretary agrees to
reimburse Railroad for all expenses incurred by Railroad for such
restoration by Railroad.
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
submi tted for review and approval by both the duly designated
representative of the Railroad and the Secretary.
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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 shall cooperate
with the Secretary to (a) make such changes and rearrangements in
its fences, communication lines, signal lines, signals and other
facilities as may be necessary, and (b) the Secretary 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, and shall pay any compensation required
because of such changes and rearrangements. PROVIDED, however,
that no such changes and rearrangements shall be made on
Railroad's right-of-way until after the arrangements and plans
have been approved by the Railroad's Chief Engineer.
ARTICLE IV
SECRETARY, CITY AND RAILROAD MUTUALLY AGREE
1. That all work contemplated in this Agreement shall be
mutually scheduled 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 benefits will accrue to
the Railroad pursuant to the provisions of 23 C. F. R., Chapter I,
Part 646, due to the construction or use of said overpass,
because: the project covered by this Agreement is the construction
of a new overpass that eliminates an at grade crossing at which
signals were installed, in view of which there will be a Railroad
contribution. The Railroad's contribution for this project is set
forth in a separate agreement between the City and Railroad.
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 representatives 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.
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 and upon and to the
successors and assigns of the City.
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5. That all disbursements required by this Agreement shall
be from funds allocated by the City and the Secretary.
IN WITNESS WHEREOF, the parties hereto have duly executed
this Agreement in triplicate the day and year first above written.
DEBRA L. MILLER
SECRETARY OF TRANSPORTATION
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BY:
"'t:-:-i5AVro 'CO' STOCK; -. E .
DIRECTOR OF ENGINEERING
AND DESIGN
KANSAS AND OKLAHOMA RAILROAD
COMPANY
BY:
TITLE:
ATTEST:
~ßur?;~f
CITY ~LER
BY: J:kF ~
~~
TITLE:
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RESOLUTION NUMBER 05-6190
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A THREE-
PARTY AGREEMENT BETWEEN THE KANSAS DEPARTMENT OF TRANSPORTATION,
KANSAS AND OKLAHOMA RAILROAD COMPANY, AND THE CITY OF SALINA IN
RELATION TO THE NORTH OIDO STREET OVERPASS PROJECT.
BE IT RESOLVED by the Governing Body of the City of Salina, Kansas:
Section 1. That the Mayor is hereby authorized to execute a three-party agreement
between the Kansas Department of Transportation, Kansas and Oklahoma Railroad Company, and the
City of Salina in relation to the North Ohio Street Overpass Project, subject to the terms and
conditions of the agreement.
Section 2. That 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 and after its
adoption.
Adopted by the Board of Commissioners and signed by the Mayor this 16th day of May,
2005.
fJkd ~
(SEAL)
Deborah Divine, Mayor
ATTEST:
~tht
Lieu Ann Elsey, CMC, City Clerk
"II
Special Attachment No.1
Sheet 1 of 3
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KANSAS DEPARTMENT OF TRANSPORT A TION
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 any amendments thereto,
REHABILITATION ACT OF 1973, and any amendments thereto,
AMERICANS WITH DISABILITIES ACT OF 1990, and any amendments thereto,
AGE DISCRIMINATION ACT OF 1975, and any amendments thereto,
EXECUTIVE ORDER 12898, FEDERAL ACTIONS TO ADDRESS ENVIRONMENTAL JUSTICE IN
MINORITY POPULATIONS AND LOW INCOME POPULATIONS (1994), and any amendments thereto,
49 c.F.R. Part 26.1 (DBE Program), and any amendments thereto
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), §504 of the Rehabilitation Act of 1973 (87 Stat. 3555) and
the Americans with Disabilities Act of 1990 (42 USC 12101), the Age Discrimination Act of 1975 (42 USC
6101), the Regulations of the U.S. Department of Transportation (49 C.F.R., Part 21,23, and 27), issued
pursuant to such ACT, Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low Income Populations (1994), and the DBE Program (49 c.F.R., Part 26.1), hereby notifies
all contracting parties that, the contracting parties will affirmatively insure that this contract will be
implemented without discrimination on the grounds ofrace, religion, color, gender, age, disability, national
origin, or minority populations and low income populations as more specifically set out in the following seven
"Nondiscrimination Clauses". .
CLARIFICATION
Where the term "consultant" appears in the following seven "Nondiscrimination Clauses", the term "consultant"
is understood to include all parties to contracts or agreements with the Secretary of Transportation of the State
of Kansas.
Nondiscrimination Clauses
During the performance of this contract, the consultant, or the consultant's assignees and successors in interest
(hereinafter referred to as the "Consultant"), agrees as follows:
(1)
Compliance with 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. Department of Transportation (Title 49, Code of Federal Regulations, Parts 21, 23 and 27,
(Revised 07-29-1999)
'"
(2)
(3)
(4)
(5)
(6)
(7)
Special Attachment No.1
Sheet 2 of 3
hereinafter referred to as the Regulations), which are herein incorporated by reference and made
a part of this contract.
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, gender, age, disability, national origin or minority populations and low
income populations in the selection 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 Regulations, including
employment practices when the contract covers a program set forth in Appendix B of the
Regulations,
Solicitations for Subcontractors, Including Procurements of Material 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 and equipment, each
potential subcontractor or supplier shall be notified by the consultant of the consultant's
obligation under this contract and the Regulations relative to nondiscrimination on the grounds
of race, religion, color, gender, age, disability, national origin or minority populations and low
income populations.
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 the
Transportation of the State of Kansas will be permitted access to the consultant's 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 consultant is in the
exclusive possession of another who fails or refuses to furnish this information, the consultant
shall so certify to the Secretary of Transportation of the State of Kansas and shall set forth what
efforts it has made to obtain the information.
Employment: The consultant will not discriminate against any employee or applicant for
employment because of race, religion, color, gender, age, disability, or national origin.
Sanctions for Noncompliance: In the event of the consultant's noncompliance 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 not limited to,
(a)
withholding of payments to the consultant under the contract until the contractor
complies, and/or
(b)
cancellation, termination or suspension of the contract, in whole or in part.
Disadvantaged Business Obligation
(Revised 07 - 29-1999)
'"
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(a)
(b)
(c)
(8)
Special Attachment No.1
Sheet 3 of 3
Disadvantaged Businesses as defined in the Regulations, shall have a level playing field
to compete fairly for contracts financed in whole or in part with Federal funds under this
contract.
All necessary and reasonable steps shall be taken in accordance with the Regulations to
ensure that Disadvantaged Businesses have equal opportunity to compete for and perform
contracts, No person(s) shall be discriminated against on the basis of race, color, gender,
or national origin in the award and performance of federally-assisted contracts.
The contractor, sub recipient or subcontractor shall not discriminate on the basis of race,
color, national origin, or sex in the performance of this contract. The contractor shall
carry out applicable requirements of 49 CFR Part 26 in the award and administration of
Federally-assisted contracts, Failure by the contractor to carry out these requirements is a
material breach of this contract, which may result in the termination of this contract or
such other remedy, as the recipient deems appropriate.
Executive Order 12898
(a)
(9)
To the extent permitted by existing law, and whenever practical and appropriate, all
necessary and reasonable steps shall be taken in accordance with Executive Order 12898
to collect, maintain, and analyze information on the race, color, national origin and
income level of persons affected by programs, policies and activities of the Secretary of
Transportation of the state of Kansas and use such information in complying with this
Order.
Incorporation of Provisions: The consultant will include the provisions of paragraphs (1) through
(8) in every subcontract, including procurements of materials and 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 subcontractor 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.
(Revised 07-29-1999)
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5to. /0+604.080 Construct
/8.7 - 3 fi 28.0 - 38.7 - /8.7 m PBMC
/5.850 m Roadway
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EXHIBIT" A"
To An Agreement Between the
Kansas Secretary of Transportation
and the
Kansas and Oklahoma Railroad Company
and the
City of Salina
for Project No. 85 K-8307-01, Saline County
Scale 1 : 1000