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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 THAT: I D(~DC3~] DC r i I i i~r-,=tl I I 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. I I 4 TO ¥1CHITd~ TO ! .. 84S ~ lU ~ I I I N01ES~ ~: T~ISTE0 ~ES CONSTR~TI~ ~L T~ ~IREg 2C. e8 ~A~ ] TI[ST ~R FT. I.I ~L~ ~-I. B~NZE SHIEL0 TAK P~YEYHYLENE /? T~ ~ F~ATIm TO K AT S~ ELEVAll~ ~ ~ ~A~ ~ TK TRA~ED lAY & ~ ~ T~ 4'AK 1K ~ACE ~ T~ ~ ~L ~ WIR~ 10 ~ el& AK ~EX RESS OTGi~ ~E~I~ EX~1 ~L ~0~ ~L LI~S T0 K I~ ~ELS. ~TE ~ ~' C - '/~ R~ ~A~ ~1~ ~S ~P. ~7.44 ~T.e~lS 074v PR~.e ~..~Tm~ m,~,r,o G ~ UNION P~C]F2C ~T a~ ~ ~~ ~ ~ 5ALZNR. K~NSR~ ~T ~ BY K~ ~ ~ ~ ~Z~CUZT PC~ o~ ~47,44 ~. 7-7-13 ~TK~I )