8.11 Agr UPPR Crossing CITY OF SALINA
REQUEST FOR COMMISSION ACTION DATE ~
02/07/94 4:00 RM.
AGENDA SECTION: Administration O~GINATING DEPARTMENT: APPROVED FOR
NO. 8 AGENDA:
Eng£neer±ng
ITEM:
BY: Shawn O'Leary BY:
Item
Three-Party Agreement for Installation of Railroad Crossing Safety Improvements
at Neal Avenue, KDOT Project No. 85X-1684-01, STP-OOSS(400).
Background
The attached agreement between the City, the Kansas Department of Transportation
(KDOT) and the Union Pacific Railroad Company (UPRR) authorizes the installation
of railroad crossing signals and gates at the existing Neal Avenue crossing.
The agreement also addresses the funding of the project costs, estimated at
$81,400, to be paid 100% by the KDOT. A vicinity map is attached.
City staff has been working with KDOT and UPRR for a number of years on the
project, as well as other safety enhancements throughout the City. Like other
KDOT programs, this type of project is approved on a "needs basis" within the
limitations of the KDOT and Federal Highway Administration {FHWA) budgets.
Also, KDOT and FHWA establish the type of safety improvements {post signals or
cantilever, gates, advance warning signs, etc.) based upon the Manual on Uniform
Traffic Control Devices or other current federal and state guidelines.
If the City Commission approves the agreement, the City's obligation will be
local coordination of the project and the placement or upgrading of advance
warning signs and pavement markings. There is no direct funding obligation for
the City. Maintenance of the crossing system will be the responsibility of UPRR.
RECOMMENDATION
It is recommended that the City Commission approve the resolution giving the
Mayor authority to sign the agreement.
COMMISSION AC~ON
MOTION BY SECOND BY i
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R::~POSED RAIL,ROAD
CROSSING
006943012 "CITY'S ORIGINAL"
2t (3 R E E M E N T
Union Pacific Railroad Company Project No. 85 X~1684001
Crossing Signals with Gates STP-OOSS(400)
Saline County,! Kansas
Agreement between the Union Pacific Railroad Company, the
City of Salina, Saline county, Kansas and the Secret~
of Transpor~ation of the State of Kansas, relative to the
construction and maintenance of Highway Crossing Signals
under Section 130, United States Code 23.
* * * * * * * * * * * * *
This agreement, made and entered into this day of
, 19 , by and between the Union Pacific
Railroad Company, a Utah Corporation, hereinafter referred to as
the "company", the City of Salina, Saline County, ~ Kansas
hereinafter referred to as the "City", and the Secretary of
Transportation of the State of Kansas, hereinafter referred to as
the "Secretary".
W~ TNEB B ETH :
WH~P~S, the Secretary proposes to submit to the ~ederal
Highway Administration of the United States Department of
Transportation a project providing for the installation of
railway-highway crossing signals, flashing light straight pO. st type
with gates at a grade crossing (DOT $815074V) on Neal Avenu~ in the
City of Salina, Saline County, Kansas, said project to be k~own and
designated as Project No. 85 X-1684-01 STP-OOSS(400) arid more
particularly described as follows:
at the intersection of Neal Avenue and the Company's
tracks approximately 2600 feet West and 2700 feet North
of the Southeast Corner of Section 36, Township 14 Sou~h,
Range 3 West, in the City of Salina, Saline County,
Kansas,
and will recommend its approval for construction under Section 130,
United States Code 23 and amendments thereto, and
WHEREAS, the locati.ons for the .fla. shing light signa~_s were
determined by a diagnostic team consisting of representatives of
the Company, the City, and the Secretary, and
WHERE~S, the Secretary will prepare the plans for the project
and such plans when approved by the Company, the City, and the
Secretary are hereby made a part of this agreement and incorporated
by reference herein, and
NOW, THEREFORE, in consideration of the premises and the
mutual covenants herein contained, and subject to the approval of
the Federal Highway Administration, it is hereby agreed 'by the
parties hereto:
- 1 -
1. The total cost of the project will be funded one-hundred
percent (100%), including preliminary engineering, construction,
sales tax, users tax and such other items as are properly
chargeable to the prOject under Section 130, United States Code 23
and amendments thereto.
2. The City will install and maintain the advance warning
signs and pavement markings.
i '
3. The Company will provide the Secretary witha copy of the
bill of materials and the detailed estimate of the cost of the
project. The estimate to be attached to and become a part of this
agreement.
4. After being notified by the Secretary that the project
has been approved and that work may begin, the Company will notify
the Secretary's District Engineer, Mr. William A. Legge, Salina,
Kansas, at least one week in advance of the date that work on the
project is to be started, and should withdrawal from the project
become necessary for any reason, the Company will each time notify
the Secretary's District Engineer of the date that work on the
project is to be resumed.
5. The Company will remove the existing crossbucksiand will
install the new straight post signals with gates and make all
connections necessary for their successful operation, an~ do all
incidental and appurtenant work in accordance with the plans for
the project and Part VIII of the "Manual on Uniform TraffiO Control
Devices". The Company will furnish all of the material and do all
of the work with its own forces, or the work may be done by a
contractor paid under a contract let by the Company in compliance
with the provisions of Chapter I, Subchapter B, Part 140,i Subpart
I, of the Federal Policy Guide. Said Federal Aid Policy Guide is
by reference made a part of this agreement. If this work is to be
done by a contractor paid under a contract let by the Company,
prior written approval shall be obtained from the Secretary. The
estimated schedule by the Company for the completion of the work.
for this project is one year from the date of this agreement.
6. The Company will keep detailed and accurate records of
all labor, materials, supplies, incidentals and all other npcessary
costs involved in carrying out the work performed by theCompany
under the terms of this agreement, and will give access to such
records at any time during regular office hours to any authorized
representative of the Secretary or of the Federal iHighway
Administration, for a period of three years from the da~e final
payment has been received by the Company.
7. Preparation of preliminary estimates, procurements,
performance of work, expenditures, billing and reimbursemeDt shall
all be done in accordance with Chapter I, Subchapter B, Part 140,
Subpart I, of the Federal Aid Policy Guide.
8. The Company will submit to the Secretary's District
Engineer, Mr. William A. Legge, Salina, Kansas, a final and
complete billing of the incurred costs within one year aEter the
completion of the work, and the Secretary will pay an amount equal
to the total cost of the project, with the understanding that the
- 2 -
Company will reimbuz~e the Secretary for one hundred percent (100%)
of the amount of all IT~ms in the Company's bill which are declared
by the Federal H/ghway Administration to be ineligible for
participation in Federal Funds.
9. The Company shall have title to the signals andgates
and at its own cost and expense will maintain the signals and gates
and will make ample provision each year for such maintenance,
provided, however, the Company shall be entitled to receive any
contribution toward the cost of such maintenance aemaybeinow, or
hereafter made available by reason of any law, ordinance,
regulation, order, grant or by other means or sources.
10. The parties hereto do hereby agree that the ~Special
Attachment No. 1" herewith, pertaining to the implementation of
Title VI of the Civil Rights Act of 1964, is hereby made aipar~ of
thisagreement.
11. The Company does agree that the "Special Attachment No.
2" herewith, pertaining to lobbying, is hereby made a part of this
agreement.
12. It is further understood that this agreement and all
contracts entered into under the provisions of this agreement shall
be binding upon the City, Company and the Secretary and their
successors and assigns.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed in triplicate by their proper offices on
the day and year first herein written.
MICHAEL L. JOHNSTON
SECRETARY OF TRANSPORTATION
BY:
JAMES V. BUSH, P.E.
DIRECTOR OF ENGINEERING
AND DESIGN
UNION PACIFIC
RAILROAD COMPANY
ATTEST: THE CITY OF SALINA
CITY CLERK PRESIDENT OF GOVERNIN~ BODY
- 3 -
Special Attachment No. 1"
Sheet 1 of 3
KANS DEPAR OF TRANSPORTATION
Special
To Con~rac~s or Agreements Entered Into
By =he Secretary of Transporbation of the State of Kansas
NOTE: Whenever ~his Special Attachment conflicts with provisions of =he
Document to which it is attached, =his Special Att~aohment shall
govern.
T~E CML RIGHTS ACT OF 1964 AND
REHABILITATION ACT OF 1973
A~c~ICANS WITH DISABILITIES ACT OF 1990
AGE DISCRIMINATION ACT OF 1975
NOTIFICATION ~
The Secretary of Transportation for the State of Kansas, in accordance with
=he provisions of Title VI and Title VII of the Civil Rights A~c of 1964 (78
Stat. 252), S$04 of =he Rehabilitation Act of 1973 (87 Stat. 355) and =he
Americans with Disabilities Act of 1990 (42 USC 12101), =he Age
Discrimination Act of 1975 (42 USC 6101) and =he Regulations of =he U.S.
Department of Transportation (49 C.F.R., Part 21, 23 and 27), issued pursuant
to such Act, hereby notifies all contracting par~ies =hat, =he contracting
par~ies will affirmatively insure that =his contract will be implemented
without discrimination on =he grounds of race, religion, color, gender, age,
.disability, or national origin, as more specifically set out in=he following
'eight 'Nondiscrimination Clauses'.
CLARIFICATION
Where=he term 'consultant' appears in the following seven 'Nondiscrimination
Clauses', ~he term 'consultant' is understood to include all par=ies to
contracts or agreements wi=h~he Secretary of Transportation of =he State of
Kansas.
(Revised 8-30-93)
Special Attachment No. 1
Sheer 2 of 3
.N~ndiscrimination Clauses
D~ring ~he performance of T~Lis contract, ~he consultant, or ~h~consultant's
assignees and successors in interest (hereinafter referred to as ~he
'co~ul~a~t's), agrees as follows:
(1) Compliance wi~h Regulations: The consultant will comply wi~h ~he
Regulations of ~he U.S. Department of Transportation relative to
nondiscrimination in federally-assisted programs iof t.he U.S.
Department of Transpor~ation (Title 49, Code of Federal
Regulations, Par~s 21, 23 and 27, hereinafter referred to as ~he
Regulations), which are herein incorporated by reference and made
a par~ of this con~ract.
(2) Nondiscrimination: The consultant, wi~h regard to ~he work
performed by=he consultant after award and prior to the completion
oft he con=rac~work, will not discriminate on the grounds of race,
religion, color, gender, age, disability, or national origin in the
selection and retention of subcontractors, includingiprocurements
of materials and leases of equipment. The consultant will no=
participate either directly or indirectly i~ ~he discrimination
prohibited by Se~cion 21.5 oft_he Regulations, including employment
practices when=he contract covers a program set forth in Appendix
B of ~he Regula=ions.
(3) Solicitations for Subcontractors, Including Procurements of
Materials 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
or equipment, each potential subcontractor or supplier shall be
notified by the consultant of =he consultant's obiS.ga=ion under
this contract and =he Regulations relative to nondisc:~imination on
=he grounds of race, religion, color, gender, age, d~.sability, or
national origin.
" (4) Information and Reports: The consultant will provide all
information and reports required by the Regulations, ~r orders and
instru~cions issued pursuant thereto, and the ;ecretary of
Transportation of the State of Kansas will be permitl:ed access to
the consul=ants books, records, accounts, other sources of
· information, and facilities as may be determined by the Secretary
of Transportation of =he State of Kansas to be pertinent =o
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
=his information, the consultant shall so certify to=he Secretary
of Transportation of =he State of Kansas and shall set forth what
efforts it has made to obtain the information.
(5) ~ploy~ent: The consultant will not discriminate against any
employee or applicant for employment because of race, religion,
color, gender, age, disability, or national origin.
(Revised 8-30-93)
Special Attachment No. 1
Sheet
(6) SanCtions for Noncompliance: In =he even= of =he consultant,s
noncompliance with =he nondiscrimination provisions of =his
con=fac=, =he Secretary of Transportation of =he S~ate of Kansas
shall impose such contract sanctions as =he ',Secretary of
Transpo~ca=ion of =he State of Kansas may determine to be
appropriate, including, but no= limited to,
(a) wiT/~holding of payments =o =he consul=an= unde~ =he con~rac=
until =he con=fac=or complies, and/or
(b) cancellation, termination or suspension of =h~ con~rac=, in
whole or in par=.
(7) Disadvantaged Business Obligation
(a) Disadvantaged Businesses as defined in =he Regulations, shall
have =he maximum opportunity =o participate in .~.e performance
of con=facts financed in whole or in parc with Federal funds
under =his con~rac=.
(b) All necessary and reasonable steps shall .be taken in
accordance with =he Regulations to ensure that iDisadvan=aged
Businesses have =he maximum opportunity to co~pete for and
perform con~racts. No person(s) shall be discriminated against
on =he basis of race, religion, color, gender, age, disability
or national origin in =he award and performance of Federally-
assisted con=facts.
(8) Incorporation of Provisions: The consul=an= will include =he
provisions of paragraph (1) Through (8) in every subcontract,
including procuremenUs of materials and leases of equipment, unless
exempt by =he Regulations, order, or instructions issued pursuant
=hereto. The consul=an= will Cake such action with respect to any
subcontract or procurement as =he Secretary of TranSportation of
~.he S~ate of. Kansas may direct as a means of e~L~orcing such
-. provisions Lncluding sanctions for noncomplianC~: Provided,
however, =ha=, in ?~..e even= a consultant becomes involved in, or is
threatened wi=h, litigation with a sub~on=ractor or isupplier as a
result of such direction, =he consultant may
enter into such litigation to protect
(Revised 8-30-93)
Special Attachment No. 2
CERTIFICATION FOR FEDERAL-AID CONTRACTS
The prosp~efiv, e participant certifies, by signing and submitting thi.~ bid or prop(~sal, to the ,
best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be pm(i, I)y or on behalf of the
undersigned, to anyperson for influencing or attempting to influence an officer or
employee of any Federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding
of any Federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension, coff'_unuafion,
renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
(2) ff any funds other than Federal appropriated funds have been paid or.will be paid to
any person for influencing or attempting to influence an officer or employee of any
Federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant,
loan~ or cooperative agreement, the undersigned shall complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
This certification is a material representation of fact upon which reliance was placed when
this tramaetion was made or entered into. Submission of thi~ certifi~tion is a prerequisite
for making or entering into this transaction imposed by Section 1352, Title $1, U.S. Code.
Any person who fai].~ to file the required certification shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or
she shall require that the language of this certification be included in all lower tier
subcontracts, which exceed $100,000 and that all such subrecipients shall certify and
disclose accordingly.
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