Loading...
Railroad Crossing Agr ~, ~ ~~'~ '!'~.I~' ,~ .: \. .J* \. ~:: '" IICITY I S ORIGINAL II AGREEMENT Federal Ai4 Project This Agreement made and entered into this 12th day of June , 2000, by and between the Local Governing Entity of Sa 1 i na , and the Secretary of Transportation of the State of Kansas, hereinafter called IISecretary.1I WHEREAS, the" Secretary and the Local Governin~ Entity consistent with the Transportatio~ Equity Act for the 218 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 Entities jurisdiction; and WHEREAS, the Secretary, as authorized by 23 U.S.C. ~ submit to the Federal Highway Administration (FHWA) providing for the installation of advance warning utilizing prismatic reflective sheeting and state of pavement marking: and 130, may projects devices the art 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 the FHWA. NOW, THEREFORE, in consideration of these premises, and the mutual covenants herein contained, and subject to approval of the FHWA, the Parties hereto agree as follows: ARTICLE I. DEFINITIONS: I. Definitions. For all purposes relating to this Agreement the following identified words or phrases shall have the following meaning: a. Contractor. Contractor shall mean an independent contractor who obtained the award of the contract through competitive proposals regulated by Kansas statutes and administrative procedures. b. Local Governing Entity. The Local Governing Entity shall mean either a city or a county who has executed this Agreement. c. Parties. The Local Governing Entity and the Secretary. - 1 - I: ,J.,fL ;;'! , . '~ . ., d. Plans. Plans shall mean the detailed descriptions of the construction locations and construction items, which include, but not limited to, placement of the traffic control devices and are made a part of this Agreement by reference. e. 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. REQUIEMENTS OF THE LOCAL GOVERNING ENTITY: 1. The Local Governing Entity agrees that the Secretary or his authorized representative shall act as its 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 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: 1. The Secretary agrees to prepare all detailed plans and specifications, including special provisions, for the Project - 2 - J ~ , .1 involving the property of the Local Governing Entity. The plans and specific~tions shall De approved by the Local .. Governing Enti.ty and the Secretary l;:>efore 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 ~naccordance with the approved plans and specifications. 2. The Secretary agrees to let the contract for the Projects to the lowest responsible bidder by competitive contract bids and administer the construction of the Projects, as required by the FHWA, and administer the payments due the Contractor. ~. The Secretary agrees that the Contractor will furnish all labor, materials, tools, and eqliipment and to construct the' Project xn accordance with the approved plans and specifications. ARTICLE IV . REQUIREMENTS OF BOTH PARTIES: 1. The Parties agree that the total cost of the Project will be funded one hundred percent (100%) with federal'funds.. The cost . of the Project will include preliminary engineering, construction and such other items as are properly chargeable to the Project under 23 U.S.C. S 130. 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 its agent. The Local Governing Entity constitutes and appoints the Secretary as its 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 its own individual corporate capacity instead of by its agent, except as otherwise modified by this Agreement. 3. . The Parties agree that the location, form and character of the advance warning devices installed, placed or ~aintained shall conform to the Mam;lal 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 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 tl).is Agreement and for' the payment ,of the charges hereunder, the Secretary may terminate this Agreement. The Secretary agrees to give written notice thirty (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. - 3 - .. , . ", y 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 that the Contractor shall be required to indemnify and save the Secretary, the railroad, and the Local Governing Entity harmless from and against all liability for damages, cost and expenses arising out of any claim, suit, action, or otherwise for injuries and/or damages sustained to person or property by reason of the work performed by the Contractor, subcontractor, agents, or employees under this Agreement. 8. The Parties agree this Agreement shall be subject to, governed by, and construed according to the laws of the state of Kansas. 9. The Parties agree this Agreement shall be binding upon the Local Governing Entity and the Secretary and their successors and assigns. 10. It is further understood by the Parties that no third party beneficiaries are intended 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. BY: E. DEAN CARLSON SECRETARY OF TRANSPORTATION ~.d;~ DIRECTOR OF ENGINEERING AND DESIGN CITY OF: Sa 1 i na j~ BY: ~f~ ~!"I" TITLE: - 4 -