Track ConnectionsAgmt. No. 006053080
(New Ohio Street Overpass)
AGREEMENT
CITY ORIGINAL
This Agreement made and entered into in triplicate as of the day of
/ZrAts V , 2005, by and between the Union Pacific Railroad Company, a
corporatioii of the State of Delaware, 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, Kansas, hereinafter called
"City"
WHEREAS, Secretary as agent for 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 construction of a new overpass structure
and the removal of the at grade crossing on and across the right-of-way of Railroad, located in
Section 12, T14S, R3W and Section 7, T14S, R2W, Saline County, Kansas, as shown on
Exhibit 1, attached hereto and made a part hereof, and
WHEREAS, the term "improvement" as used in this Agreement, refers to the new
Ohio Street grade separated overpass structure at DOT No. 818 384A constructed in
accordance with plans approved by Railroad's Assistant Vice President Engineering —
Design or his authorized representative and Secretary, and such plans when approved are
made a part of this Agreement by reference 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:
In consideration of covenants and conditions to be fulfilled by Secretary and City as
hereinafter set forth, RAILROAD AGREES:
1. To give or grant and hereby does give or grant solely to the extent of its
interest therein to Secretary, City and its agents and contractors, the right to enter
Railroad's property as shown outlined in red on Exhibit 1, for the purpose of location,
construction, use and maintenance of the Ohio Street overpass structure on and across
Railroad's right-of-way, tracks and other facilities in accordance with plans and specifications as
approved by Railroad and Secretary. Railroad reserves, however, to 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 facilities as Railroad, its successors, assigns,
tenants or lessees may from time to time find necessary or convenient, as will not
unreasonable interfere with the use of the premises for said improvement.
2. To furnish, at Project expense, and at no cost to Railroad, all labor,
materials, tools and equipment and to perform the work described in Railroad's Material
and Force Account Estimate(s) that are marked Exhibit 2, attached hereto and hereby
made a part hereof. It is understood and agreed that no work shall be done by Railroad until
such estimate has been approved by 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 2 3 C F R Chapter I, Part 646; the cost thereof to
be paid to Railroad by Secretary in the manner hereinafter set forth.
3. Railroad shall set up with Secretary's Contractor a Railroad Standard
Cost Accumulation Account number and process to cover Railroad flagging that will be
needed in connection with Contractor's work on Railroad's property. Railroad will bill
Contractor directly for flagging costs. Prior to making final payment to Contractor,
Secretary shall require Contractor to furnish evidence to Secretary that Contractor has
paid all charges due from Contractor to Railroad.
4. To present insofar as possible final detailed and itemized statement for
work performed by Railroad at expense of 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 therefor, and in accordance with and subject to the terms and
provisions of 23 C. F. R., Chapter I, Subchapter B, Part 140, Subpart I. Railroad may
present periodic itemized progress bills to Secretary for work as completed. Final payment
will be made i n 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
Railroad upon completion of the work. I n the event of overpayment, Railroad shall refund to
Secretary such excess.
Items of temporary 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. Any preexisting material being removed as part of the project shall
not be credited to the cost of the project.
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.
G- 1LAWADMIPARIKJO\Salina Track Connection Final 04-22-05. doc
ARTICLE II
In consideration of the covenants and conditions to be fulfilled by Railroad and City
as herein set forth, Secretary AGREES, at Project cost and expense and at no cost to
Railroad:
1. To prepare all specifications that are needed for Railroad's review that
have not been prepared by City including special provisions, and review all detail plans
for the improvement involving the property of Railroad, which plans and specifications
shall be submitted to Railroad for its approval. Such plans and specifications shall be
approved by both the Assistant Vice President Engineering — Design of Railroad, or his authorized
representative and by Secretary before any contracts are awarded by Secretary and before any
work is done by Railroad. All construction and work done by the parties shall be in
accordance with the final one hundred percent (100%) 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.
To require Secretary's Contractor, in respect to its work performed upon, over or
under Railroad right-of-way, to procure and keep in effect, at Project cost and expense and at
no cost to Railroad, the following insurance coverage:
A. Worker's Compensation and Employer's Liability Insurance. insurance
coverage as recognized by the Commission of Insurance of the State of Kansas.
B. Commercial General Liability Insurance. Insurance that includes
Comprehensive Form, Premises -Operation, Underground Hazard, Products/Completed
Operations Hazard, Contractual Insurance, Broad Form Property Damage, Independent
Contractors, and Personal Injury with a single limit of at least $1,000,000 each
occurrence or claim and an aggregate limit of at least $2,000,000 and be purchased on
a post 1998 ISO or equivalent form.
C. Automobile Liability Insurance. Insurance that includes
Comprehensive Form, Owned, Hired and Non -Owned with a minimum combined single
limit of $1,000,000 for Bodily Injury and Property Damage. Such insurance shall cover
all hired or rented equipment and operators thereof.
D. Railroad Protective Liability Insurance. Insurance naming only Union
Pacific Railroad Company as the insured with a combined single limit of $2,000,000 per
occurrence with a $6,000,000 aggregate. The policy shall be broad form coverage for
"Physical Damage to Property (ISO Form CG 00 35 07 98 or equivalent). A binder
stating the policy is in place must be furnished to Railroad until the original policy is
forwarded to Railroad.
O \ AWADMIPAR%KJOkSalma Track Connection Final 04-22-05.doc 3
E. The above insurance shall be maintained in force while Contractor is
performing any work on Railroad's property and until (i) Contractor removes all tools,
equipment and materials from Railroad's property, (ii) Contractor has cleaned up such
portions of property to Railroad's satisfaction and (iii) Contractor has fulfilled all
obligations under its contract with Secretary. However, the insurance contracts
covering the above insurance coverage shall cover claims for such length of time as
said claims are permitted by law.
F. If any part of Contractor's work is subcontracted, then the subcontractor
shall obtain the insurance coverage described above, or Contractor shall provide
similar insurance on behalf of the subcontractors to cover their operations.
4. Secretary, his contractor and agents, will give ten (10) days' written notice
to Railroad's Manager of Track Maintenance at Salina, Kansas, before commencing work
in connection with the improvement upon or adjacent to Railroad property.
Secretary, his contractor and agents, shall not discharge any explosives on or in the
vicinity of Railroad's property without the prior written consent of Railroad's Assistant Vice
President Engineering — Design or his authorized representative.
5. To require all work on said project to be performed in a manner that will
not endanger the safety of Railroad or unduly interfere with the operation thereof. If, in
the reasonable opinion of Railroad, the operation of Secretary's Contractor is
endangering the safety of Railroad's operation, Railroad may immediately order the
termination of further work on Railroad's premises without liability on Railroad's part until the
dangerous condition has been corrected.
6. To reimburse Railroad promptly upon receipt of properly computed and
compiled statements for cost(s) incurred for work done by 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
Secretary will reimburse Railroad on the basis of actual costs incurred by Railroad.
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 Secretary before the
expiration of one year after the day of completion of all work done by 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 Secretary shall for any reason cancel or terminate his contract and
abandon the construction of said roadway or in the event Secretary's Contractor shall stop
work thereon for a period of sixty (60) calendar days, other than seasonal suspensions
authorized by Secretary, for reason over which Secretary or Contractor has control, and
Secretary has not prepared to relet or resume work under the contract-, Railroad within a
period of one hundred and eighty (180) calendar days of work stoppage, Railroad shall
have the right to restore its property to the condition existing prior to commencement of
work on said roadway. Secretary agrees to reimburse Railroad for all expenses incurred by
G. 1lAWAOMWAR1KJONSalina Track Connection Final 04-22-05 doc n
Railroad for such restoration by Railroad.
7. (a) Fiber optic cable systems may be buried on Railroad's property
and protection of the fiber optic cable systems is important. Contractor 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, 7 -day number for
emergency calls) to determine if fiber optic cable is buried anywhere on Railroad's
property to be used by Contractor. If it is, Contractor will telephone the
telecommunications company(ies) involved, make arrangements for a cable locator
and, if applicable, for relocation or other protection of the fiber optic cable. Contractor
shall not commence any work until al such protection or relocation (if applicable) has
been accomplished.
(b) To the extent allowed by law and subject to the provisions of the
Kansas Tort Claims Act, K.S.A. 75-6101 et seq., Secretary shall indemnify and hold
Railroad harmless from and against all costs, liability and expense whatsoever arising
out of any act or omission of Secretary, his contractor, agents and/or employees, that
causes or contributes to (1) any damage to or destruction of any fiber optic cable systems on
Railroad's property, and (2) any injury to or death of any person employed by or on behalf
of any fiber optic cable company, and/or its contractor, agents and/or employees, on
Railroad's property.
ARTICLE I I I
In consideration of the covenants and conditions to be fulfilled by Railroad and
Secretary as hereinafter set forth, CITY AGREES, at Project cost and expense and at no
cost to Railroad:
1. To prepare all detail structural plans for the overpass structure and its
appurtenances, which plans shall be submitted for review and approval by both the duly
designated representative of Railroad and Secretary.
2. To maintain, repair, renew and reconstruct the entire overpass structure
and its appurtenances without cost or expense to Railroad and in a manner satisfactory to
the Federal Highway Administration, United State Department of Transportation, or their
authorized representatives.
3. If the overpass structure, or any portion thereof, is abandoned or
Secretary and City no longer need it for pubic highway purposes, City, at its sole cost
and expense, shall remove the structure from Railroad's property to the satisfaction of
Railroad's Assistant Vice President Engineering—Design or his authorized
representative. The demolition and removal plans must be approved by Railroad's
Assistant Vice President Engineering—Design or his authorized representative before
City's Contractor commences any work. In addition, City's Contractor must sign
Railroad's then current Contractor's Right of Entry Agreement and obtain the insurance
coverage described therein prior to commencing any reconstruction, demolition and/or
removal work.
GILAWADMTAR1KJO%3alina Track Connection Final 04-22-05 doc 5
4. 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 1 hereof.
5. 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 Railroad-, PROVIDED, HOWEVER, that Railroad shall cooperate with 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) Secretary shall arrange for any
changes and rearrangements in the wire lines, pipelines, or other facilities of 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 Railroad's Assistant Vice President Engineering—Design or his
authorized representative.
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 Railroad pursuant to the
provisions of 23 C. F. R., Chapter 1, Part 646, due to the elimination of the at -grade
crossing at Ohio Street (DOT No. 818 384A). As provided in Section 3 of the separate
three party agreement among Secretary, Railroad and the City identified in the
Secretary's records as its Agreement Number 006053073, Project No. 85 K-8307-02
(the "Track Connection Agreement"), , Railroad's contribution pursuant to 23 C.F.R.
646 shall be Railroad's construction, at its sole cost and expense, of the portion of the
Track Connection to be constructed by Railroad as set forth in Section 5 of the
separate two party agreement between the City and the Railroad identified in
Railroad's records as Folder 2263-13. City and Secretary confirm that such work by
Railroad fulfills Railroad's contribution as described in the Track Connection
Agreement.
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 Railroad.
4. This Agreement shall be binding upon and inure to the benefit of Railroad,
its successors and assigns, and upon and to the successors and assigns of Secretary
and upon and to the successors and assigns of City.
G UAWADWARNKJOkSalina Track Connection Final 04-22-05.doc
5. That all disbursements required by this Agreement shall be from funds
allocated by City and Secretary.
ATTEST:
CITY CLERK)
DEBRA L. MILLER
SECRETARY OF TRANSPORTATION
By: ./ ll✓/ �L�`S/
G. DAVID COMSTOCK, P.E.
DIRECTOR OF ENGINERING
AND DESIGN
UNION PACIFIC RAILROAD COMPANY
THE CITY OF SALINA
a;
By.
Title: IV1CcUo�.
7
5/3/2005 G:\All\Electrical02\Estimates\2002\-5115635 EXHIBIT 2
CONTRACTOR
Location and Facility:Salina, Ks. East Yard Lighting
Date: 04/15/05
Subdivision: ??'Mile Pole: ?
Est By:Rodger A. Foy
Station No: ? Segment: ?
Telephone No:544-2236
Job
Acct
Description
Qty
Unit
Labor
Material
Totals
Unit Total Unit Total
401 031 Electrical Engineering
Contract - Total Estimate Add
3%
$1,868
UPRR
$3,500
$3,500
UPRR - Labor Add
235%
$8,225
$8,225
Total Electrical Engineering
$13,593
402 031 Field Engineering
UPRR
$1,000
$1,000
UPRR - Labor Add
235%
$2,350
$2,350
Total Field Engineering
$3,350
410 031 Electrical Construction
Conduits - RGS
2"
100
LF
$8.03
$803
$5.80
$580
$1,383
Conduits - PVC
2"
300
LF
$4.01
$1,204
$2.31
$693
$1,897
Wire - 600Volt - THWN
# 2/0 AWG
1000
LF
$1.24
$1,244
$1.13
$1,130
$2,374
ACSR Triplex
# 2 AWG
1500
LF
$0.72
$1,082
$0.58
$872
$1,955
Ground Rod(s)
Rod 5/8" x 8'-0"
8
Ea
$78.43
$627
$17.55
$140
$768
Panelboards
225A - 42 circuit
1
Ea
$1,288.55
$1,289
$3,100
$3,100
$4,389
Lighting
Roadway Luminaire (400W)
7
Ea
$163.98
$1,148
$465
$3,255
$4,403
-Mounting Arm (2.5')
7
Ea
$45.10
$316
$54
$376
$692
-Dual Element Lamp (400W)
7
Ea
$11.28
$79
$21
$147
$225
Photoelectric Cell
7
Ea
N/A
N/A
$8
$58
$58
Power Distribution
Wood Pole - 45 Ft, class 3, roofed
9
Ea
$514.72
$4,632
$286
$2,570
$7,202
Down Guy Anchors
4
Ea
$563.75
$2,255
$375
$1,500
$3,755
Directional Bore
36" deep
300
LF
$10.00
$3,000
$6
$1,800
$4,800
Miscellaneous
UP watchman
5
Daily
$250
$3,000
N/A
N/A
$3,000
Utility Company Service
1
Ea
$3,000
$3,000
N/A
N/A
$3,000
Tower Demolition
1
Ea
$8,000
$8,000
$8,000
Subtotal Electrical Construction (Labor + Material)
$47,900
Overhead & Profit
20.0%
$9,58
$$9,580
MSE
10%
:$4,790
$4,790
Geographic Factor:
0%
$0
$0
Total Electrical Construction:
1 $62,270
Total Engineering and Construction: 1 $79,213
1 of 1
I
+ 04/27/2005 15:24
816-245-2864
IJPRR ENGR
ESTIMATE or MATERIAL AND FORCE ACCOUNT WORE.
BY THE
MUCH PACIFIC RAILROAD
ImSCRIPTION OF WORK:
2005 GRADS CROSSING 99TI1UMUMT
M.P. 185.27 SALIVA SUBDIVISION
Ofi10 STREET, SALIVA, KS. DOT922092L
MIME 240 T.F. OF ROAD CROSSING
COST: 100$ STAIR OF KANSAS (STRWARD)
PAGE 01/01
EXHIBIT 2
DATE: 2005-04-27
PID: 52591 AMO: 53830 MR,SUBDIV:
185.27, SALE
SLICE UNIT: 14 CITY: SAUNA STATE:
KS
DESCRIPTIOK QTY UNIT i,ABOR MATERIAL =COLL UpRR
•-- ---- ----- -------- ------- _•---
'TOTAL
--"--
EUGZI13XRING WORK
50 Q
500
Soo
MWINEERING
1175
1175
----1175
LA80R ADDITIVE 2358
---- ---
TOTAL F,, mINEERrUG --"1675
1675
1675
SIGNAL WORK
909
909
909
LABOR ADDITIVE 2358
1
1
MATL STORE EXPENSE 1
2
2
2
SALES TAX
386 50
436
436
SIGNAL
TOTAL SIGNAL 1295 53
1348
1348
TRACK & SURFACE WORE
900
900
900
BILL PREP
1000
1000
1000
C� - ADV G
1920
1928
1028
EQUIP AL W/Opm
5928
5928
LABOR ADDITIVE 235$4330
4330
4330
RD7zING 4330
^-
x13158
SAL TRUM & SURFACE 10258 2900
13158
LAi =/MATERrAt. EXPENSE 13228 2953--------
--------
RECOLLLCTIBLE/UPRR 2mpxWSE
16181
0--------
EST:rm&=D PROJECT COST
16181
EXISTING REUSSABLE MATEEiiAL CREDIT
SALVAGE NOWUSEABLE MATERIAL C WIT
0
RECOLLEcTIBLE LESS CREDITS
TH£ "NE V3:MRBS ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION.
IN T8E EVENT OF
AN INCREASE OR DSS IN THE COST OR QUANTITY Of MATERIAL OR LABOR AEQMB=,
UPRR WILL -BILL FM ACTUAL CONSTRUCTION COSTS AT THE CURRENT EXTECTIVE RATE.
v�
04/27/2005 15:23 816-245-2864
UPRR ENGR
HATE: zoos-o�-1s
SgTlMTB OF yrMMaTAL ]gyp EIORCE ALX30 T TEAT
SY 188
MUM PACIFIC 8ATLWAD
nEM;&IjPT1M OF WORK:
Aomm x1aftmy CmO.4 lw "Assm MTm 1N ASS=ATMN WE Pte'
CDOMM OF AT -GRAM CROSSING. OHIO STBEST. SALII4A, 1KNOM'
XF 3.85.27 SAALIM SU13DIVIS=-
sictg8L PROJECT HASA�r :S.L. MARTIN
8--544-4692
PID:! 52S90 AMO_ 33829 MF,=WIV.- 185.27, SAY: M
SE ITC:E UII'i: 14 CITY: SAIduk STATS- &S
DESCRzprlm
= ALT LABOR MATERIAL,
JRwVAAA uraac
�viaw
slow1774
1774
1774
HILL PREP
400
900
900
LABOR AMTTIVE 177$
4734
4734
4734
SERSOML gxmsw
1500 1500
1500
TOTAL SIGNAL
-7408
1500 8908
8908
`
i /MA?ER1AI. EZPENW 7408 1500----------------
Fmopa.TIBLB/uPm SID S 8908 0--------
Ei5TImma) PROJECT COST 8900
XaST7W. EZUSEABIR O A=W.IAL CKU= 0
SALVAM MCKOSEAPME HMNLIAL CWWIT 0
ABaO"mCTULz LEGS CmwrTB
THS ABOVE FSGUM ARE BSTDIATBS ONLY AWi1 SUBM= TO P1M=MTICW. IMT MW 'M= OF
JW SSS M V90WASR IN TW C0ST OR QWWrn OF btST$&YAL OS IJUM =C0333M3S
VEER 1P M BILI. FOA ACTUL CMSTRUCTION COSTS AT THE CUMM $Ff2;uTl S RATE-
PAGE 01/01
EXHIBIT 2