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Thomas Park & Flood Dike Private Road Crossing AgreementContract No. DA-23-028-CIVENG-59-50+ Dated: 29 May 1959 CONTRACT FOR ALTERATION OF FACILITIES (Cost Reimbursible) 1Y.41AM & ADDRESS: Union Pacific Railroad Company 1416 Dodge Street Omaha 2, Nebraska CONTRACT FOR: Alteration of Railroad Facilities (Bridge 1.16, Mulberry Creek) LOCATION: Flood Protection Project Salina, Kansas ESTIMATED AMOUNT: $50,000.00 Pa_'MENT: To be made by the Disbursing Officer U. S. Army Engineer District, Kansas City Corps of Engineers Kansas City, Missouri The supplies and services to be obtained by this instrument are authorized by, are for the purposes set forth in, and are chargeable to the following allotment, the available balance of which is suffi- cient to cover the cost thereof, subject to the provisions of Article 2. 96X3122 Construction, General, CE, Civil (SLK) copy, Contract. No. DA-23-028-CIVENG-59-504 CONTRACT FOR ALTERATION OF,FACILITIES: (Cost Reimbursible) THIS CONTRACT, entered into this 29th day'of UNITED.STATES OF AMERICA (hereinafter called the, represented by the Contracting,Officer executing the Union.Pacific:Railroad�Company):a;corporation isting: under 'the' laws of the State .of .Utah, with place of business in the City of Omaha, State:of called. the " "'Owner"); . WITNESSETH, that: May 1959, between "Government"), this contract, and organized and ex- its principal. office and lebraskay (hereinafter WHEREAS, the Government has,,under:,-authority of Public Law 780, 83rd Congress, 2nd session, approved 3c September 1954, undertaken the development of a flood protection project known as the Salina, Kansas, Flood Protection Project) (hereinafter called the "Project"); and WHEREAS, the Owner is the,•holder.of certain interests in land on which the Owner has constructed and.is operating and maintaining certain facilities,of .its Salina, Plainville, and Oakley Branch, consisting of a railroad bridge across Mulberry -Creek, in and adjacent to Salina, Kansas, which interferes with-the.development and` use of the Project by the Government;.and WHEREAS, it is necessary in -the.construction, completion and enjoy- ment by the Government and the City. -of .Salina of said Project that the aforementioned title, rights and privileges of the Owner be modified and that.,said facilities of the Owner.be-,altered; and WHEREAS, pursuant to Public Law -780 assurances have been given by the City of Salina,.Kansas, to provide, without cost to the'Government, ell easements, rights-of-way,.or other-.iuterests in real property neces- sary for the.construction and operation-of.•the Project; and WHEREAS., the Owner is willing to alter its railroad facilities interfering with the development of:said.Projec.t-and that all of.its right, title and interest in and to said. lands and/or rights-of-way shall be subordinate to the easements and rights herein provided to be granted to the City of Salina, Kansas, but only to the extent necessary to the enjoyment of said easements and.-rightsi in-considers+ion of the fulfill- ment by the City of Salina, Kansas, of the assurances made to the -Govern- ment and payment by the Government to the Owner of all reasonable and legitimate costs of the alteration.to be performed by the Owner, as hereinafter:set',forth in Article 1, and is agreeable to,altering 'said ,facilities at such locations and in such -manner as to eliminate inter- ference with the construction, development, use and enjoyment of said Project by the Government and by the City of Salina, Kansas, and the Owner agrees that said consideration constitutes full, just and com- plete compensation for the acquisition by the City of Salinaj. Kansas, of certain rights in the property of the Owner as hereinafter set forth Jz Article 1; 2 NOW, TIMtEFORE, an consideration of the faithful performance of each party of the mutual covenants and agreements hereinafter set forth, it is mutually agreed'. aa'. f6116iiai ARTICLE 1. Obligations of the Owner. The.Owner shall:, a. Furnish 1l service's "Aabor,' tools;, equipment and:,materials neeezeary--to perform: the -••alteration <oP the following'- described facilities in .accordance. with :"Specifications= for Construction of; IaY 'eivious_ 'Seepage Cutr¢ff:,.. Under Union Pacific : Railroad" designated' as Exhibit "A", �and::drawingi­File No.:' A-15-108; designated as Exhibit::"B", • attached hereto and' made a part hereof. The facilities to- be• mod'ifie'd and work to be performed are located in Saline County, Kansas, and„are. further de- scribed generally as follows: (1)' Shift. the`'etistiiig through -plate girder' span approxi- mately 10 feet south and -construct wood pile•piers and timber approach spans as. indicated on Exhibit -"B". (2) The existing bridge No. 1.16 at approximate railroad station 61+80,•across MulberryCreek,' consisting of a 104'-6" through- _ plate' -girder, span on=wood pile piers with timber approaches as ,of;.insuf- :ftcient.•length.td accommodate the channel -revisions -proposed ;in the Project:.. This.bridge•is to be -altered by raising the girder'spa n,� and -extending the .timber. approaches, as-':;n"ecessary to . span the channel.. Ele- vation of the base of rail on the altered bridge f s not to exceed elevation 1230.75 itean sea level. The existing piles sball,.be pulled or, at -,the option of .the Owner,. Atay` be cut"off at led at one foot below flow _ fine elevation 1200.0 of. the channel Mad one Poot'belaw the riprapIof the ebanael back s.lope.• The railroad` trackage is to ,b'e raised 'on altered railroad embankment.as required for•=approaches to•the-bridge.by-reason of the adjusted base of rail, and the length of the track raise scall not. exceed 3,350 feet.: -Tbat! portion' -of - the earth fill-'requi'red to com- ,plete_ the, altered:.embankment.-section 'shall be'constructed from'materials ,,stockpiled for that- purpo'se.:. by. --the Government: �- ` Signs,signals; and communications facilities: are, to-be::•al-tered as required -,'- (3) Rai se: existingiopen ' deck- pile trestle bridge at approximate railroad, station.' 4745 and. extend`, culvert pi peat'approximate railroad station 65+50-as`re4uired for the altered track grade; and ex- gayate .ditch •drain,: from.- existing' borrow pit, all .as indicated ,ori Exhibit B. (4) Construct'.impervious seepage cut=off core through the altered: railroad embankment: b. The .railroad line is to remiin-operational during the construction period and, the Owner-is:to complete all arrangements and details for operation -of; -trains duritg the -construction of the herein- 74escribed•alteration. :.. c. . Per;farm all engineering work In connection with the work' to be performed ,, key the . Owner,. hereunder a3 -may be required:' The Owner" shall make.such,neceasary-surveys and:prepare•such,drawings; schedules, -and specifications in.Connection with the work-to*be performed by the Owner hereunder as.may be.required by the Contracting Officer, all of whic'h'. shall be subject to -approval of the' Contracting Officer, and any"and"'`- all work-,per,.formed by the Owner shall be in'accordaiice' with the-a�iproved -.)lans and specifications, and no changes shall'bemade'in said approved plans -and specifications without.the written approval of the Contracting Officer.. .d.. If .desired by the .'0'wner, any �'of the work described above 'may be performed .by:lump sum or•un t -price e6zitract, publicly advertised for bids and•awarded.to the lowest responsible bidder, or by negotiated lump sum contract for engineering:rervices. Such awards shall be subject to the approval of the Contracting Officer. The Owner shall not award any contracts nor execute any changes thereto for work provided therein without "the written approval of the`Contracting_`Office'r. e. Provide adequate supervisory,staff, headed by a Chief Engineer or his authorized representative, at'the'site of -the' work at all times during the progress thereof. Said Chief Engineer -or his authorized representative'shall have authority to act for the Owner with respect to construction,work and*procedure within the scope of the approved plans. and epecifications'and-approved modifications thereof:` f.' Procure all necessary permits,and licenses; obey'and abide by all Applicable laws, regulations,'ordinances and other rules of the United States of America,. of the State,° T,erritory,'or political subdivi- sions thereof "wherein the work is done, or of any other duly constituted public authority:' .. g. Obtain from the City of Salina, Kansas, pursuant to provisions of Public Law"780,'without cost to the Government or the Owner, all easements;.ri_ghts-of=way, or' other interests in 'real property necessary for the s..,id' alteration of its facilities and the performance of 'this contract. h. The Owner agrees to convey to the City of. Salina, Kansas, with- out consideration from the Government, the necessary right-of=way license giving -said City 'of Salina, Kansas, " the right to' -operate 'and maintain the said Project. < ARTICLE'2-. Obligations of the Government. a:'' Subject i. the avail- ability of"funds, the Government shall reimburse the Owner for all cost's expended in connection with the relocation provided in 'Article l hereof, such cost tii indlude' all' items 'of ,expense property chargeable thereto' including, but riot"`limited to labor, materials, transportation', insurance, overhead charges•properly allocable to the work, supervision, surveys, permits, rental of tools, equipment and machinery employed in the work, together with such other items of expense (exclusive of profit to the 4 Owner). as .should, in,the opinion of,•the.•Contracting Officer;-_Lbe Ancluded in, th,e ' cost. of the work. The total cost' j of- such work is l9stitnated at $509000,.00.. The Government shall -reimburse the Owner for -,such costs uppn .receipt of pri q.�erly certified invoices, in, duplicate,'.supported buch evidence of payment -made by the Owner as'•may- be,,required by the,.Cont;racting.Officer. All original-timecards-'.or--payrolls-i material records . and accounts for.. all_ charges arid: ex aehditur-es-%for`, which reim- bursement.will.be,claimed from the:Government shall be`available•at'rall reasonable times„ to...allow the G.overnment-to.'.check'and audit• the in.' -- voices submitted by the 04ner. So far as practicable, separate -records shall be maintained by the Owner on all items and accounts which shall constitute thg.basis,of. information fromfwhich the invoices will be prepared;,,and all items of mat'_rials shall be:designated as new,'used,, or_ salvaged materials• whether- said items ­ are retained,; -'discarded, or ' altered :.in ,the ..prosecution ,of the work. Payments:Ao -.the.. Owner "shalll incliude, 'but not be, limited .to:. (1) ' Work -performed .the,,'Owner- ,under contraot ,aper' v.ed by the Contracting'Offficer. ,(2,) Materials furnished' by the :Owner, ..directly.fromthe suppli'er',• to .the site.; of the work or from , the Owner!.:s stock .at the procure- ment. co t.to'the. Owner or 'at the price, .carried in the Owner'•s; stock,. account;._ r_e'speativelyI ,plus,.. in, either 'case, .ten. percent to .cover, the Owner's cost of. pro.eurement and' handling,. commonly called "Store, lExpense." :(3) The cost of transportation -by the Owner,_over its•rails, of .all. equipment,, materials, and supplies furnished by ,.the. Owner,, as.. . provided for -:in Article .1 hereof, and. of transportation of salvaged ;. materials, equi._meet and supya es to: the. Owner 's.te marial, yard; as prop vided in ,;'rticle hereof, shall be at the rate of 1 cents..(„0,01) per ton -mile. O..', T2e. cost: of, furnishing .appronriat.e;.equipment,e as. provided for iii �.Ai icle' T' hereof,' shall .be computed, at, the' Olaner'.s, standard rates- and. charges .and/or rental .amounts,, exclusive of .profitcharged, to other railway coinpanies for similar services. L,5) The cost .of r (i),.salaries. and. -expenses of the: supervisory staff; :provided for in .paragraph a of ,^rticlg 1. hereof, to .represent tre 6iiner:.ori_ the. construction provide(. for in this- contract .d.uring..the actual construction period., at the prevailing rates for” a -railway engineer :and assistants, (ii) labor - wages and salaries, _.lus ten percent to cover the Owner's .cost. of accounting, .and-. u$e, of. small: tools, plus, reasonable 'traveling expenses, and living expenses at the work of., the.. OwnW s einployee,s where_- allowable under the.:. wner,',s. current practice, plus..(iii) the charges' percentage additic'ns.specafied..in,the then current. Rules of "the General Managers Association of- Chicago. (or any. successor agency) covering preparation of joint facility. sand. other bills, by.. carriers_ to cover vacation allowances, employee health and welf-are plans, holiday pay, taxes on.,wages. and . salaries :of. the same general..nature as the taxes provided, for in Railroad Retirement.=Tax;:Act, Railroad Unemployment Insurance Act -and Ye.deral. Insurange vont;ributions (Social Security) Act, and other elements of expense:.not.r.eadily susceptible.•of-exact ascertainment, plus (iv) increases in wages and salaries, together with the,charges and.pereentage additions -enumerated -in (ii).and•(iii), provided: b lis'Aherefor. are. rendered .within ono year ,after acceptance.'.. of the .work as. -provided -.in Article-8,.hereo.f,..plus-,. (v):: an amount not in` excess of : `O.07 per mile for .travel ,performed .i:n -privately=owned or Owner furnished highway motor vehicles, such -travel not to exceed 2,000 miles for, any 'one calendar month. (6.)-, .workmen Is Compensation and ,Empl'oyer's --Liability, public Liability.and.Owner's Protective Liabil.ty.Insurance, and fire and flood loss.insurance..upon materials whale stored•-at'the�site,:of the work., (7): Any severance., sales,-use.or luxury tax applicable toJ materials and. -supplies. (8) Engineering expense.,, including expense of -general sur- veys.,. estimates, plans,. specification, and checking .-plans and specifi— cations. w. . Inspection and. engineering control's, including field and' laboratory tests, during progress of the work. (lfl)._Expense of keeping records not. -customarily kept by -the Owner_ in the. regular. course .of., its, business ,which: rshall• be required by the_Contracting..Pfficer.or any..other Governmental Agency in connection with disbursement;to_the Owner- under, his agreement.. b.- ; At the request of the Owner, partial payments-•.wilh'•b•e' made as the. work progresses on -monthly,_, estimates:- OLpproved- by the Contracting- , Officer._ This provision shall not be construed as relieving the Owner from the responsibility for. all., materials -"and waxk,whether.or not such' payments have been made or for-.tho,:restoration of any damaged work or as a waiver of th.e right of the Government toyrequire complete fulfillment of all, terms of . the -contract.,,= - , c. ' Such work..as may.>be done under` •this contract in . excess of the amount for which funds are -available for Payment-.'aa-hereinset forth, will:b4 with funds .hereafter.appropriated and alloted.'for this- work, hiswork. d. From funds Heretofore appropriated by the. -Act 'of '2 Se- ptember 1958 (72• -Stat-. 1572)`the sum of"$5,bob.o6 is .available for payments,. to the Owner for work performed under -this contract: e. If at any time it becomes apparent to the Coa,racting Officer that the'balance of thisallocation is in excess of the amount required to meet all payments due and to become due the Owner because of work performed and..to be performed,., pursuant ­to his approved progress schedule, the r.ght is?reserved after du6­notice�to'the Owner to reduce said allocation;by the amount of such ekces's, f.- If'the rate'of-progress�of"the work is such that it becomes` apparent to the Contracting Officer that the balance'-of'this allocation and any allocation -for this and any subsequent fiscal years during the' period of this contract is�less than'that required to meet all payments due.and to become due the Owner because"of work.performed-or'to be'' performed under this contract, the Contracting Officer may provide addi- tional funds for such payments if there be funds available for such purpose. The Owner will'be notified"in writing of any additional funds so made available. However, it is-distinctl'y understood and`agreed that the amount of funds stated'in d'above' s the maximum amount the Govern- ment insures will be available during the current fiscal year and the Government is -in no case liable for payments to the Owner beyond this amount prior to having notified the Owner in writing of any additional funds that can be made available. Accordingly, no progreasrschedule will b.e approved which -contemplates -progress requiring funds in excess of .the amount stated to -be available 'in d above for the current fiscal"' year and no progress schedule will be approved for any ensuing fiscal year which contemplates progress requiring funds in excess of the amount allocated by the Contracting°Officer from funds subsequently made.avail- able. (See g below) g. It. is expected that, during subsequent fiscal years over the period of this contract,- Congress will make additional appropriations for expenditure on,work-under'`this contract. The Contracting Officer will notify the Owner of any additioha:1.'allocation of funds to'this contract when such funds become available. It is understood and agreed that the Government. is in no'base liable 'for damages in connection with this -contract on.account of,delay in payments to the Owner due to lack of available funds. .Should itsbecome apparent to -the Contracting.bfficer that .the available funds:. will be exhausted before 'additional fund's` can be made available, the Contracting Officer will give at least.30 days written notice to the Owner -that the work -may be suspended. I'f the Owner so elects, after receipt of such notice, -he -may continue work under the conditions and restrictions under the specifications, so long as there are funds for inspection and superintendence, with'the under- standing, however,. that no.payment will be made for such work unless additional funds shall become available--iri' sufficient amount. ' When funds again become available, the Owner will be notified accordingly. Should work be thus.suspended,, additional time for completion will be allowed equal to the period during which work is necessarily so suspended, as determined by the dates specified in`the above-mentioned notices. h. So long as funds are available, payments will be made monthly in accordance with this article. 7 i. The procedure above described will be repeated as often as may be necessary on account of the exhaustion of available funds and the necessity of awaiting the appropriation of additional funds by Congress. JS Should. Congress fail to provide additional funds'the contract may be terminated and considered to be completed, at the option of the Owner, without prejudice to him or liability.to.the Government, at any time subsequent to 30 days after payments are discontinued, or at any time subsequent to 30 days.after the passage of the Act which would have but did not carry an appropriation for continuing the work or after the adjournment of the Congress which failed to make the necessary appropriations. k. The Government shall, without cost to the Owner: (1) Make available to'the Owner such survey and sub- surface investigation data as may have been obtained by the Government and as are pertinent to the work provided for under this contract. (2) Stockpile fill material on both sides of -the ex- isting railroad embankment for Owners use in completing the altered embankment subgrades, to meet elevations of raised railroad trackage as raised by the Owner pursuant to Article 1 herein. 1. The -Goverment shall, if it so elects and at its own discretion, procure by contract made by and in the name of the Government in accordance with the then current regulations,'all services, labor, materials, tools and equipment necessary for the accomplishment of the work described herein, excepting such services, labor, materials, tools, and equipment to be furnished by the Owner under the terms of this contract. 0 ARTICLE 3. Insurance. In addition.to any other forms of insurance or bonds required under the terms of the Government'scontract with its Contractor and before permitting such Contractor -to begin operations on Railroad premises, the Government shall require such Contractor to pro- cure and maintain in,force so..long as work shall continue upon such premises and at its sole expense, insurance on behalf of the Owner in' form and with coverage and provisions contained in the "Railroad. Protective Liability Form." a copy of which form is attached. hereto, marked "Exhibit. C'! and hereby made 'a'. part thereof. The limits'of the Insurance Company's . liability to the Owner under such policy shall.bes The Government's Contractor shall cause a duplicate original of the policy of insurance specified above' 'to*be'.deiivered to the Government for transmittal to the Owner''s Chief Engineer at Omaha, Nebraska.. before starting work on said premises. The Owner.agrees to notify the Government within twenty (20) days following delivery of said policy of.insurance to the Owner, . whether sach'.insurance has been acc'pted or rejected, and failing so to do, the.Owner shall be deemed to have accepted such.insurance. The Owner further agrees toynotify the Government promptly .upon. receipt of advice•that any of the insurance specified as aforesaid has been or may be cancelled during the progress of the work hereunder. ARTICLE 4. Salvage. The Owner shall use such materials, equipment aiid"suxplies from79 facilities.existing as of the date of this contract as can, be placed in:the facilities to be rearranged or altered'hereunder; any azterials, equipment, and supplies which it is mutually agreed.byi:the.i 9 Each .. Each Person Occurrence Aggregate Bodily injuries and Not 'death coverage ..$100,000. $50.0,00.0 A&plicable Property damage Not coverage._, Applicable $200,000 $500,000 The Government's Contractor shall cause a duplicate original of the policy of insurance specified above' 'to*be'.deiivered to the Government for transmittal to the Owner''s Chief Engineer at Omaha, Nebraska.. before starting work on said premises. The Owner.agrees to notify the Government within twenty (20) days following delivery of said policy of.insurance to the Owner, . whether sach'.insurance has been acc'pted or rejected, and failing so to do, the.Owner shall be deemed to have accepted such.insurance. The Owner further agrees toynotify the Government promptly .upon. receipt of advice•that any of the insurance specified as aforesaid has been or may be cancelled during the progress of the work hereunder. ARTICLE 4. Salvage. The Owner shall use such materials, equipment aiid"suxplies from79 facilities.existing as of the date of this contract as can, be placed in:the facilities to be rearranged or altered'hereunder; any azterials, equipment, and supplies which it is mutually agreed.byi:the.i 9 parties hereto,.cannot be so .used, shall be �removec'i'"fYomtheir "original location and. shall rema-a:n,�,the•.property of! the, Owner; The agreed salvage value of such removed materials, equipment and supplies shall be credited to the Government in,te,� form of a- deduction' to. be made from the' cost properly, chargeable,,rto;. the, work to. be. peifarmed. under article- 1 Hereof ; All,.items;of materials,, shall be designated by the Owner as new, used' or salvaged materials, whether.•said, items are retained; -discafided•'or``,; ' - altered in the prosecution of the work. In the event mutual agreement is not reached .in the., value. ibf:.salvaged.•aiater al63 "`.such materials' shall become. -,the- property,. of the Government: and -the* Owner -shall it the materials at the,•,1oc-ation adjacent,.:tor;the. site asidirected by the -Con= of the Government ;to. ='object within..20 _days. after 'final" -inspection shall, indicate. satisfactory, performance of the- contract- by' the "Owner. Release..., The.. Owner agrees 'to accept the- payment provided in Artic`le__ff_aUgve as; full-- and: just, compensation • for' azar - damage :to, .the lands of the, Owner. and. the faci•litiesi altered hereunaer`- arising.. out of the performance of thi's•:agreement. ARTTgLE .10. • Completion.: The Owner .will commence zthi work'hereunder n 0.d 1 fr �- q, s om��-'of recei ti of • a roves •contract and ` complete e ._ ...4y. P PP G �� the ,work. within 240 ;calendar : days ..after -_receipt of approved contract - subject to the availability of funds equal to not less thafi'75% of the"_ total estimated cost. ARTICLE -11. -> ..C!DI209 nation.. , ShoulcT:..tJ,lie - determined for' `sink : reason that the tight.., title a�n - 7 . n rest of. -Abe, OUner:an and to the lands'_ referred to, in Article,1;above,hall be acquired :by .condemnation, or other judicial proceedings,•. -the Owner..:sheill.cooperate in the•prosecution o the proceedings ands this :agreement •shawithout-more,r' constitute•' a ,stipulat�ion-which _may, be .filed ;in :the proeeedings'-and-�be final and' caeca usiye, evidence of the adjustments': to :be: made to' the' --'facilities' herein mentioned. ARTICLE 12..> Di�s.�ute '°.a. Except- a -s otherwi" provided .in.:this contract,- any dispute,rcdno•'eriiing'A question cf fact' _ari ing .under, this contraAt �rhich is `not -diof•-by agreement `shall b'e decided .by `h.e Contracting ,Officer, .whoi shall reduce his 'deczsion to writing. and mail Pr: otherwise; •furnish a copy 'ti ereo'f `to- 'the 'Ovine',., The decision .of. ,the Contracting Officer shal'1" be final and 'conclusive' unless,.: within. 30 days . frog the; date of. receipt of` such copy; r�the-,Owner' :mails' or., o.therwise�._, furnishes to the.. Contracting Officer a wri`tt'en` appeal t addressed to the Secretary. The decision of the Secretary or his duly. authorized -repre- sentative forAhe•determinatibn'-of'such`appeo s'shall.be final, and.. conclusive unless determined. by a`.courtt.of `competent jturisdictiori' to. have been, fraudulent;;cr capricious; or'arbitrary, or sq -grossly .erroneous as nPc,essarily. to-� imply Abad faith, 'or not supported by '`substantial• evidence. In connection with any.=:appeal proceeding -'under .this"clause the Qwr}e,r shall. be af, "orded.:an oppdrtunity" to be ,heard Wand' to offer evidence :in support;.of it; appeal. _�.en4,tng'finahsdee"tion `of a _disp'ute hereunder,_ the Owner'..shall pro- ceed diligently t.rith the--pe'rformarice'of tY a "contract` and in accordance with the Contracting Officer's decision. 7 b. ',This. "Disputes!' 'b1ause' does riotpreclude considexatiQn;-ofi law -question_:.&, connection, with decisions- provided for in; paragraph: a_ above: : PROVIDID,- that, nothifig' in. thz!i �dontract shall be cvnstrue.d as; making final- the-.decision•of ani''•administrative'officiai,` representative,. or board on a question of law. tiRTICLE:7,•3; Covenant Akairist-Contiri,'ent- Fees. The Owner war -rants that -no person or selling-sgency has''-beenemployed or .retained to solicit or".secure this:.c'dntract':upori an"agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the 11 Owner for the purpose of securing business. For breach or violation of this warranty the Government shall have the right to annul this contract without liability or in its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. ARTICLL 14. Officials Not to Benefit. No member of or delegate t Congress, or resident commissioners, shall be admitted to any share or part of this contract, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit. ARTICLE 15. Nondiscrimination in Employment. a. In connection with the performance of work under this contract, the Owner agrees not to discriminate against any employee or applicant for employment because of race, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other.forms of compensation; and selection for -training, including apprenticeship. The Owner agrees to post here- after in conspicuous places, available for employees and applicants for employment, notices to be provided by the Contracting Officer setting forth the provisions of the non-discrimination clause. b. The Owner further agrees to insert the foregoing provision in all subcontracts hereunder, except subcontracts for standard commercial supplies or rate materials. ARTICLE 16. Gratuities. a. The Government may, by written notice to the Owner, terminate the right of the Owner to proceed under this contract if it is found, after notice and hearing by the Secretary or his duly authorized representative, that gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by the Owner, or any agent or .representative of the Owner, to any officer or employee of the Government with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such contract; PROVIDED, that the existence of the facts upon which the Secretary or his duly authorized representative makes such findings shall be in issue and may be reviewed in any competent court. b. In the event this contract is terminated as provided in para- graph a. hereof, the Government shall be entitled (i) to pursue the same remedies against the Owner as it could pursue in the event of a breach of the contract by the Owner, and (ii) as a penalty in addition to any other damages to which it may be entitled by law, to exemplary damages in an amount (as determined by the Secretary or his duly authorized repre- sentative) which shall be not less than three nor more than ten times the :osts incurred by the Owner in providing any such gratuities,to any such officer or employee. C. The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. 12 ARTICLE 17. Definitions. a. The term "Secretary" means the Secretary of the Army; therms "Secretary of the Army" or "Head of the Department" as used herein shall have one and the same meaning; and the term "his duly authorized representative" means the Chief of Engineers, Department of the Army, or an individual or board designated by him. b. The term "Contracting Officer" as used herein shall include .his duly appointed successor or his authorized representative. ARTICLE 18. Approval. This contract shall be subject to the written approval of the Division Engineer, U. S. Army Engineer Division, Missouri River, or his authorized representative, and shall not be binding until so approved. IN WITNESS WHEREOF, the parties hereto have executed this contract as of the day and year first above written. Two vi.tnesses THE UNITED STATES OF AMERICA &Y J. P. BARNES Major, Corps of Engineers Contracting Officer UNION PACIFIC RAILROAD COMPANY By Title Address Address CERTIFICATE I, , certify that I am the Owner herein; that secretary of the corporation named as who signed this contract on behalf of the Owner was then of said corporation; that said contract was duly signed for and on behalf of said corporation by authority of its governing body and is within the scope of its corporate powers. IN WITNESS WHEREOF, I have hereunto affixed my hand shd the seal of said corporation this day of 19 11 Co: poi ate Seal) 13 secretary R 1 . MMIBIT "A" Contract No, DA-23-028-CIVENG-59-50+ SALINA, KANSAS FLOOD PROTECTION PROJECT SPECIFICATIONS FOR OONSTRUCTION OF IMPERVIOUS SEEPAGE CUT-OFF UNDER UNION PACIFIC RAILROAD RAILROAD STATION 59+50, SALIVA, PLAINVILLE, AND GAMT BRANCH 1. Scope. The work described in these specifications consists of furnishing a�� plant, labor, equipment, appliances and materials and per- forming all operations in connection with the construction of an impervious earth seepage cut-off to the equivalent top elevation of the adjacent leve as shown on the accompanying drawing (Exhibit "B"). 2. Earth Materials. The cut-off shall be constructed of compacted impervious materials and shall be free of plant growth, roots, humus, rock, debris, etc. The terms "pervious" and "impervious" indicate the relative degree of permeability of earth materials, wherein the gradation of a pervious material ranges from gravel to fine sands, and an impervious material consists of finer grained materials having correspondingly lower permeability and consisting generally of silts and clays and/or combination of both. 3• Placing and Compaction. The impervious material shall be brought to proper moisture content by aeration or by the addition of water as required, and placed in successive horizontal layers of loose material not more than 3 inches in thickness and compacted by hand operated mechanical tampers to a density of at least 95 percent of the maximum density at optimum moisture as determined by the A.A.S.H.O. standard compaction test T99-49. The railroad embankment adjacent to the seepage cut-off shall be constructed of pervious material and/or other material compacted in accordance with the standards of the Union Pacific Railroad Company. Ivate Road Crossing F. 1.13,. near Salina, M $ made and day of the State of,Vt4h '(hareint O OF M MAI a'. munto is nsjhereinafier called I ITALS4. DUPLICATE ORIGINAL City's Copy 0* V. Now 43132"6 t into this o 1959, r calle nuilroad Company% corporation of the State of. The Licensee desires the construction,. mainte- nanoe,snd,Use of a�private roadway across, the right of way and over the track of the'Plailroad Oompany's Plainville Branch 0 Mile Post 143, near patina, Saline County, Kane4so,ln.the location shown out- lined by yellow lines on the print hereto attached,, dated gay g8o 1959., marked i1Sih1ib1,t,-A,," and hereby made avart hereof, NOWMoss it is mutually agreed by and between partlea.hdret0 as foll owst tion 1, ln,00nsl4eration of`. the and agreements ein contained to be by the Licensee "pt, observed and per - mod,, the Railroad Company hereby grants to the Z'sIcensee$ jest to the terms And conditions hereinafter stated, the ht to construct and thereafter, during the term hereof, to ntain and use .said private roadway .across said right of wayl over said track in the looation shown outlined by yellow es on Sixhibit A. tion 9. CONSTkOCTUN AND NUNTUARM The Railroad ;ompany shall, ,at the sole expense of Licensee (a) furnish and install a 16,*foot $61141 plank crossing on the track area; (b) raise the oommunication line of the Railroad Company at and in the vicinity of the orossing site] and (e) remove an 4aidsting 1414odt gravel Oublic .road cross- ing- from the location shown outlined by dashed block i1 &i Qn chiit A. x'nd ,r' l'oC ado a cattle guard 4pd wing fences to the location$ shown in strange an hibit ►:'.. the ftilroad OompAny shall, . at the expense cif the 41c6nsee, r��.ntaih said plank crossing during ,the term ber* _ PAW h a'eeve# , that the l i»vs+nsee aha3I- Aioev the r* *la e*Ry$ blear of all ebstruationa,. aeneee ahall at its a pense..maintain the a4way a l OiWeoh the, trace id ea and the r pt of , way . Lines Softre .any work, is begun by the -Railroad vom any ireuhdir , :1.the uoon o shell, deposit with',° the ` �. m�► �om� Dnp the' sum of eve 9ixndred den llas6.QQ, be.ng the fit ted coat of labor 'and material$ to be perfopmed And xtni ja by- the '1aiir+ 9.4 do any at the a ense of the Licen- for :the gonstruetion of said . priveteroadway.. I. f the )tuAl o*at shall. prove 'to be mole or Uis than the estimated )at, the difference shall be promptly paid , by' the Licensee rnded by the failroad Company ars the case may, be * ... . llcgst* as used in this .Soctlon 3 shall tae. all assignm ale oosts .and makterial shall be charged at its eu ent. value ion and whe*e used. 'inthe'. ju,ent of thea:.rcd Cdmpaby it shell ne'esessty or desirable to provide flagmen for protection . of h ou ': t�'fic at the sr~ns,s�. S�.t�a . the �31x*oad OQmp y.. i by dss sue i flagmen at the sole expense of the 1,lcansea Bit �t f r e en'ss properly chargeable to the,;��.c4�n-� a'e, .other. then that for whi h - the above mentioned dep6eit Is tde, 0411 1 be paid by the Zq onsee Within.. thirty days after *esentation ' by the MAi!road tompany,. It is _ea�pressly stipulated that vat p0lvate road ty .1a ;ted be strictly 'prIvate and that samo is not Intended >r pubiio use, these thereof '1 to be limited to the employee Id ager s of the 6*onsee 4nd parties usink said . pry vate )adway nth the egress perpIsoion of thei . tiogr4ed. Vhe ,16ta+snsee shall indemnl r and hold harml the bead ' dump y . and any and all. tither ®ar irs by, rail: which use the ' t c e and:. property of the fai ,road Company a bd suoc6osort ,':and asai:,on,s.# officers, agents, end emp oy+sa of Mi raced gwVany and such other as r�:+s�s, �r4�. and againQ a and all lose, damagos, claims demands* actions,* causes of ion$ caste and expense of whatsoever natu" which may ul.t from InjUry to or death of parsons Whomsoever or from s of or.damago to property whatsoever (including damage to roadbed, tracks, equip0tont or other pr®party of tho jailo- d Company) -when such injury, deathloss, or damage is due, or arlsOa. in connection with or as a result of (4).any work done by the Ucensee in oonnootion with: the mAintonaz eo of said private roadways or b) the use of said priva►te - roadwa►y by the .Licensee, its omployot' or agents, or by others with the consent of th�b �ioane��.. ation 6i %%W1WTr0x11i This' agreement may be, terminated' by Written motive von by the: Failroad ampany 13a the �i�eonses On an to in ab notiao staged, Mot Uss# howevor, than thirty' days bsequent to the date on which such notied shall, bo' givon, . n 7 ADMAL 00R AY. 0pp n , i6rmanation cat thio agreement howsoever, the . ad 4ompanyr oball, at the solo aXpen o of the Liao "O', said plank grossing and restore the promises ot,the, ad gomoM to a condition c+smIs to that oxist ng ately prior to the eenstrnction or said private roadwaY4. It the event of the removal of said privato roadway this stotion, provided. the Railroad tompany shall not -bo to the t.,isonsOo for any damag sustained by the 36ieen- ror on aoeount of such remsval o , d' sueh romoval.., s%11 ejudssa or impair any right of action for damage or Is* that the RAilroad Company may have against the tion WAIM CO AM. . wsa.tr! bythe. il.road Company of the brosoh any oondition, covenant or Apeomebt heroin : contained to kept_, observed and porfoximOd by the ��,consee, shall in no impair the rpt o the Railroad Company to avail itself any subso ent breach thereof. ;tion 9. DAM :- TM, ftis .agreement: : shall tsko Oft—Oct a$ of the date est heroin written, and, Unless sooner tOJOTAnated as heroin Ivided shall eontinae in. full faree and 0,f,i for a period five to years. C r. .. ' .d, I .o thr+e =a M AV has 'or"t+eh` tom, tt� , e>n x to #dement rU tha.. cant of ion*,maint n na "end ue4 at a privato y .a+a s the right~ at 'W"A4n4quer, the teak or the ual O ro nom Wing, . hO 691M ys ! � boi iiientire an Un on Q r o 4313 a w WHEREAS, the Council of the City of.. ftlira has said,proposed agreement before it and has . gi'ven . iic . ca'r'ei'G'l. review.and consideration; and WHEREAS, it.i&-considered that the best interests of -said City of ftlint. Stittamta� will be subserved by the acceptance or paia agre ; THEREFORE.BE T RESOLVED BY THE COUNCIL OF THE CITY OF►►: :.That the. - terms -of--the -,agreement submitted by the Union Pacific Railroad.Company-.as aforesaid be, and.the same are hereby, accepted in behalf of said City; That the Mayor of said City is hereby authorized, empowered and directed to execute said eareement on behalf of. said City and that the City Clerk of safd City is hereby authorized and directed to attest said agreement and to attach to each duplicate original of said agreement a certified copy . of this resolution. STATE OF ss COUNTY OF I, 2exem im City Clerk of the Cit of mina, stator a hereby certi- fy that tne aDove anaror, going is a 'true full and correct COPY of a resolution adopted by the Council of the City of ` na at a meeting held according to law at , on the day of 19 as the same appears on , le an of record in this office. IN TESTIMONY WHEREO , I have hereunto set my hand, And affixed the corporate seal of said City, this day of (Sea -1) Cit lerk of the City of *„ine, (tate ot. XAness. v" � r � Counterpart Form 2214 5-74—SM RENEWAL RIDER C.D. No. 43132-6-D To be attached to agreement Audit No.___ 94181 ----------------------- —---------------- C:D: No.____.43132__!x----------------- - No---------------------------------------------------------- --------- No------ ------------------------- _-.... Between UNION PACIFIC RAID CONIPANY (Railroad C nipany) and CITY OF SALIN (Licensee) Present Assignee (if any) — -- — Covering private road crossing at M.P. 1.13 Location near Salina, Kansas Dated ___Jmx__Z,__195s--------------------- Effective Date ---- July -_Z,__1954__---- Expiration (Original) --- July ---6-,__1964 Expiration (by latest extension) July 6, 1979 IT IS HEREBY MUTUALLY AGREED by and between the present parties to the above-named agreement that said agreement, which by this reference is made a part hereof, is hereby adopted by said parties as their -agree- ment for an indefinite tam beginning July 7, 1979 _ and that all the terms and conditions of said agreement, as heretofore or herein supplemented and/or amended, shall have the same force and effect and be as binding upon the parties hereto during said term as if the same were repeated herein; said agreement with the supplements and/or amendments (if any) to be subject to termination prior to the expiration of the term herein named in the same manner as is provided therein for termination prior to the expiration of the term thereof. Special Provisions: Dated__Tebnk-Lry__2Q--------- 19_$1__. Made in duplicate. Witness: Attest: --------------------- - ---------------------------------------(Seal) Secretary UNION PACIFIC RAILROAD CLMANY By ----------------------- � _- ---------------- --_ -- ----- - General Manager CITY y000 ---------- --�--- -'- -- ------------ Mayor ---- ---- Mayor Y RESOLUTION 81-3536 WHEREAS, UNION PACIFIC RAILROAD COMPANY has tendered to the CITY OF SALINA, State of Kansas, an agreement renewing for -an- indefinite period* . commencing July 7, 1979., contract dated July 7, 1959, covering the construction, maintenance and use of a private roadway across the right of way and over the track of the Railroad Company, near Salina, Kansas; said agreement being identified as Union Pacific Railroad Company's C.D. No. 43132-6-D; and WHEREAS, the Council of the City of Salina has said proposed agreement before it and has given it careful review and consideration; and WHEREAS, it is considered that the best interests of said City of Salina, State of Kansas, will be subserved by the acceptance of said agreement: THEREFORE, BE IT RESOLVED BY THE COUNCIL OF'THE CITY. OF SAIM�A, STATE CF KANSAS: That the terms of the agreement submitted by Union Pacific Railroad Company as aforesaid be, and the same are hereby, accepted in behalf of said City; That the Mayor of said City is hereby authorized, em- powered and directed to execute said agreement on behalf of said City, and that the City Clerk of said City is hereby authorized and directed to attest said agreement and to attach to each dup- licate original of said agreement a certified copy of this resolution. STATE OF IGa\4SAS ) • ) ss COUNTY OF SALIN ) I, D. L. Harrison , City Clerk of the City of Salina, State of Kansas , -hereby certify that the above and foregoing is a true, full and correct copy of a resolution adopted by the Council of the City of Salina, State of Kansas , at a meeting held according to law at Salina, Kansas , on the 9th`, day of March , 19 81 , as the same appears on file and of record in this office. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the corporate seal.of said City, this day of ��- , 19 (Seal) City Clerk of the City of Res Salina, State of Kansas. City V Form 2213 _ e40- 25M F�_UPLICATE ORIGINAL � 1 ^'�-A CITY COPY EXTENSION RIDER „ 9 ' 4:81.. C.D. o, To b►_e attached to agreement Audit No.___�No._ 43X32.6 Between KION PACIFIC RAILROAD COMPANY and CITY OF SALBA Assignments—Dates and Names of Assignees: -� «► Covering priOte' road ezvesing at M.P. 1.13, Location near, Salina r lansgs. Dated 40 7'I's 1959 --Effective Date! y 7#19f9 ____Expiration (Original)- 6_ol96-4 Expiration (by latest extension) Supplements, including extension riders --Dates 40 IT IS HEREBY MUTUALLY AGREED by and between present parties to the abo a named agreement that the term thereof Rlul!the shall be and hereby Is extended to and Including— r # I9 and that all the terms and conditions thereof, as heretofore (if supplements to the original agreement are indicated above) or herein (if any special provisions are written below) amended, shall remain In full force and effect during the extended term, said agreement with the amendments and supplements (if any) to be subject to termination prior to the expiration of the extended term in the same manner as is provided therein for termi- nation prior to the expiration of the term hereby extended. Special Provisions: Dated -3 19. Made in duplicate. Witness: UNION PACIFIC, . RAILROAD COMPANY Witness: By-- - - ivv President N .10 i z RF;SOLU.TION AS the OXON PAC10 Fa. 10O A hate ��do d to 6) ` T OF SALXfQ0 State `:. : at eneux a ►, X969,: term " aea�ax. + eonss�iono#.atenae iso of as e e mot of xa. WW " ®e`er the ' *' Of th± a . 40ar .Sa3. a ajr;arses tad a o of dex ed and WHEREAS, a the Council __of the City ofa1a has said proposed agreement before it and has given care�u? review and consideration; and ;. WHEREAS, it is considered that the best interests of .said City of Mafta, Stater of Mmeae,, will be subserved by the acceptance of -said agreement; THEREFORE, BE IT RESOLVED BY THE COUNC'IL"OF:.' THE . CITY OF *STAT QF _A$ j . That the terms of the agreement submitted -b the Union Pacific Railroad Company as aforesaid be, and.the same are hereby, accepted.,in behalf of said City; That theA a r of said City is hereby authorized, empowered and direc�to execute said agreement on ,behalf of Asaid City and that the City Clerk of said City is hereby authorized and directed to attest said agreement and to attach to each duplicate original of said agreement a certified copy of this resolution. STATE OF ss COUNTY OF ) I , City: Clerk.. of ithe City of, -hereby certi fy,that the above a7hd foregoing is a truer =—and, ,correct copy of a resolution adopted by the Council of the City of Mate 't8a8 ,, at a meeting held according to law at on the -�- day of 19, as the same appears on i e and bf record n this -IN TESTIMONY 'vvHEREOF, I have hereunto set my hand end -affixed the corporate al of said City, this;: ... day of 199. C' ('S'eal) My- er of the City o : 3na, ,$tats of ansae. • Form 2213 � UFMOA1'E O Iaonln AL EXTENSION RIDER aee e s copy C.D.N+ * 4U39w64 94181 0e�. 4-3.39-6 To be attached to agreement Audit No -------- — ---- __—_ _—________^_f— No.____—_:_____—_ — ------- No.— No. ----- Between On)PAM0 M COWS 4nd WYO. SAUNA Assignments -Dates and Names of Assignees. Covering privato., i ortiesits at Xsf. 1.13: Location no ' .,gali 'ti' OO * i�Uly T01959 ,�u1�t 7,19 9 July 6 1 6 Dated_______ __Effective Date ___Explratlon (Original) --- July . 6, 1969. Expiration (by latest extension) — --- ----------------------------- Supplements;including extension riders—Dates IT I3 HEREBY MUTUALLY AGR E® by and be een the resent parties to the abo a named agreement that the term thereof shall be and hereby is extended to and including' —.1974L and that all the terms and conditions thereof, as heretofore (if supplements to the original agreement are indicated above) or herein (if any special provisions are written below) amended, shall remain in full force and effect during the extended term. said agreement with the amendments and supplements (if any) to be subject to termination prior to the expiration of the extended term in the same manner as is provided therein for termi- nation prior to the expiration of the term hereby extended. Special Provisions: Dated w� 19 0. Made in duplicate. 1 ' : Witness: LU &k_Attesvi_ Seal) AnZY Uric— �C1WWADIKIMMIJ C RESOLUTIONI /f/e, 34� tho Oft (r. A& M_#, MU Or � 0�9&00 an 48r60*M% "o to and imliAln hly 6 1974-j. ihi Is t M, tho 66nistvU0100* msiatonsn4 Ono a" of a IV0.0 7 .S BS US right 'Of W47 404 OVOV the �k or, 44 " ft A tw# how Salina# %ftasAj. said ", owat Ood as *Md WHEREAS, the Council of the City of Oaxl= has said proposed agreement before it,and has given it caref review and consideration; and WHEREAS, it is considered that -the best' interests o said City ofjqjjU&_ 96"6 of 1knogis... will: -b subserved by the acceptance of,said agreement;, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE , CITYOF %kXM:t That the termii of the'agreementsubmitted by the Unio . h Pacific Railroad Company as aforesaid be, and the same.. are hereby,, accepted in behalf'of said City; That the Mayor of said City is hereby authorized, empowere 'd and directed to execute said agreement on behalf of said'City, and.that the City Clerk of said City is hereby authorized and directed to attest said agreement and to attac to each duplicate original of said agreement a certified copy of this resolution. STATE OF ss COUNTY OF $A W -W City Clerk of the City of ftl AjgU of SUDAN hereby cerci fy,that the above and foregoing is a true, full and correct copy of a resolution adopted by the Council of the -City of 'St"AL 6r- &nsafi at a meeting held according to law at $411na.,144assa on the day of as the same appears on file and of record in this office IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the c*orporate seal of said City, this day of manner as is provided, therein for termination prior to the expiration of the term thereof. Special Provisions: UNION PACIFIC RAILROAD COMPANY, Witness: �� -----------------__—_.-----.-__ _---- - ------ ---- ----------- -- -- -- By--- -- ----v-- -e-- resident__- Witness: CITY OF S A, �� (Seal) r F°'"' 2214 DUPLICATE ORIGINAL�� ' r RENEWAL. RIVER- Licensee's Counterpart y C.D.No. 43132-6-C 94181 C,D, No.__433,32-6 No-A.11,32 To be attached to agreement Audit No..------------------------------------------------------- -•'---- ---------------------------------------•---No.---------------------------------------- .�--------------- ---. No -- ............_................ Between UNION PACIFIC RAILROAD COMPANY and CITY OF SALINA Present Assignee (if any) - - Covering private road crossing at M.P. 1.131, Location near Salina, Kansas. _1964yDated. _—Effective Dae _________--_EpiiOiginal) J_ul July 7,1959 7,1959 Expiration (by latest extension) July 6, 1974. IT IS HEREBY MUTUALLY AGREED by and between the present parties to the above-named agreement that said agreement, which by this reference is made a part hereof, is hereby adopted by said parties as their agree- .. ment for a term beginning ------- .,Iiily--- Z----------------- _---------------------------- 19__-74-, and extending to and including 'said _ J.0l�r __6_________..__________ _ _ __________ 19-7-9 --- • and that all the terns and conditions of a.reeinent as heretofore or herein supplemented and/or amended, shall have the same force and effect and be as binding upon the parties hereto during said term as if the same were repeated herein., said agreement with the supplements and/or amendments (if any) to be sub'Ject to termination prior to the expiration of the term herein named in the same manner as is provided, therein for termination prior to the expiration of the term thereof. Special Provisions: UNION PACIFIC RAILROAD COMPANY, Witness: �� -----------------__—_.-----.-__ _---- - ------ ---- ----------- -- -- -- By--- -- ----v-- -e-- resident__- Witness: CITY OF S A, �� (Seal) RESOLUTION 3195 WHEREAS, UNION PACIFIC RAILROAD COMPANY has tendered to the CITY OF SALINA, State of Kansas, an agreement renewing for a period of five years commencing July 7, 1974, contract dated July 7, 1959, covering the.construction, maintenance and use of a private roadway across the right of way and over the track of the Railroad Company, near Salina, Kansas; said agreement being identified as Union Pacific Railroad Company's C.D. No. 43132-6-G; and WHEREAS, the Council of the City of Salina has said proposed agreement before it and has given it careful review and consideration; and WHEREAS, it is considered that the best interests of said City of Salina, State of Kansas, will be subserved by the acceptance of said agreement: THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY. OF SALIlqA, STATE OF KANSAS That the terms of the agreement submitted by Union Pacific Railroad Company as aforesaid be, and the same are hereby, accepted in behalf of said City; That the Mayor of said City is hereby authorized, em- powered and directed to execute said agreement on behalf of said City, and that the City Clerk of said City is hereby authorized and directed to attest said agreement and to attach to each dup- licate original of said agreement a certified copy of this resolution. STATE OF KANSAS ) ss COUNTY OF SALINE ) I, D. L. Harrison , City Clerk of the City of Salina, State of Kansas , 'hereby certify that the above and foregoing is a true, full and correct copy of a.resolution adopted by the Council of the -.City of Salina, State of Kansas , ..at a meeting held according -to -law at Salina, Kansas , on the 29th day- of ' J u I y , .19 74 , as the same appears on file and of record in this office. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the corporate seal -of said City, this '29th day of J u I y 19 74 . (Seal)�,-- City Clerk of the City of Res Salina, State of Kansas. City Ii 111 �I I ' i CITY OF ♦ ♦11`yPI'1, � S•f'.i -. i'�rss�=GSs +3+at r ti, ,� �++. �� fi• iWsn AREA CODE 913 87741853 Crry • COUNTY BUILDING 300 WEST ASN P. 0. BOX 749 SAUNA, KANSAS 87401 November 14, 1979 Mr. C. E. O'Hara, Superintendent Union Pacific Railroad Company P.O. Box 2309 Kansas City, Kansas 66110 Re: Agreement C.D. 43132-6 Dear Sir: CITY CLERK'S OFFICE 0. L HARRISON, CMC M. E. ABBOTT This letter will be your authorization to install stop and private road crossing signs as per your letter dated October 17, 1979. Enclosed is check number 75661 for $288.00 to cover cost of installation. Sincerely yours, D. L. Harrison City Clerk DLH:jn MEMBER .. KANSAS LEAGUE OF MUNICIPALITIES - NATIONAL LEAGUE OF CITIES Vol* CITY HE OF SALINA, KANSAS i PURCHASE ORDER 7 TO: ORDER NO. CHECK NO. DATE PAID DATE FUND XqDE,, AMOUNT QUANTITY DESCRIPTION UNIT PRICE AMOUNT tr, CITY CLERK'S COPY —TO, BE MAILED WITH CHECK I J D. - DUPLICATE To be retained by Department Head. Please Issue Purchase Order To Name Address PURCHASE REQUISITION CITY OF SALINA, KANSAS C.aa �o fe l l ---z- 5 2Z 14 Dates/°�19 Fund or Department of City Account No._�li QUANTITY DESCRIPTION Unit Cost AMOUNT Above Articles to be Used For: SHIP TO DEPT. Address SALINA, KANSAS 67401 ADAMS BUSINESS FORMS 0 TOPEKA 0 SALINA Requested By Approved By J T?nn DUPLICATE To be retained by Department Head. Please Issue Purchase Order To Name / Address /J x PURCHASE REQUISITION CITY OF SALINA, KANSAS ---z . 5214 Date Fund or Department of City Account No. / 41%4" QUANTITY DESCRIPTION Unit Cost AMOUNT aCIL- i Above Articles to be Used For: SHIP TO DEPT. Address Requested By -&..,,L Adz--eA2 SALINA, KANSAS 67401 Approved By ADAMS BUSINESS FORMS TOPEKA SALINA UNION PACIFIC RAILROAD COMPANY 1416 DODGE STREET OMAHA, NE 68179 VALERIE W. SCOTT Associate General Counsel City of Salina Salina, Kansas 67401 Attention: City Clerk Gentlemen: February 20, 1981 C 43132-6=D Re: Rider renewing term of agreement covering private road crossing at M.P. 1.13 near Salina, Kansas. Pursuant to your recent request, I have had prepared and attach hereto for execution the counterpart.originals of the above proposed instrument. When executed, the counterpart originals should be returned to me in the enclosed self-addressed envelope to arrange for execution on behalf of the Railroad Company,. after which your fully executed counterpart will be returned to you. In the event it becomes necessary to replace lost or misplaced documents, a fee of $10.00 will be charged for each such document replaced. Any questions concerning this instrument should be directed to R. E. Andreasen, who may be reached by phone on (402) 271-4377, and any question with regard to rental in connection therewith should be directed to the office of Director -Real Estate, phone No. (402) 271-3753. Very .truly yours, Valerie W Scott V UNION PACIFIC RAILROAD COMPANY 1416 DODGE STREET OMAHA, NE 68179 VALERIE W. SCOTT Associate General Counsel April 1, 1981 C 43132-6-D City of Salina Salina, Kansas 67401 Attention: City Clerk Gentlemen: Re: Rider renewing term of agreement covering private road crossing at M.P. 1.13 near Salina, Kansas. Enclosed is your fully executed counterpart of the above instrument. Please retain this instrument for your file. Yours very truly, Valerie W. Scott S� S D�, UNION PACIFIC RAILROAD COMPANY OPERATING DEPARTMENT C. E. O'HARA 201 SOUTH FIFTH STREET SUPERINTENDENT P.O. BOX 2309 KANSAS DIVISION KANSAS CITY, KANSAS 66110 (913) 621-9111 Kansas City - October 17, 1979 N2 -Salina City of Salina City Clerk Salina, Kansas 67401 Dear Sir: Referring to Agreement C.D. 43132-6, covering agreement with the City of Salina for a private road crossing, M.P. 1.13, on our Plainville Branch: The Railroad Company is reviewing the renewal of the agreements covering this crossing. When these crossings are reviewed, we are endeavoring to make them safer to the people that use them, and have standardized these crossings with standard crossing signs on either side of the crossings similar to public crossings with a slightly different design for private crossing. However, these signs will have to be installed at the expense of the individuals or municipal government that uses the private crossing. We are attaching our force account in the amount of $288.00 for this installation for your review. After your review, will you please furnish this office a letter in regard to concuring to this installation, and also furnish a check in the amount of $288.00 covering the installation, including material, and we will arrange to order and make the installation as quickly as possible. Please advise. (Attachment) 032/A/14 Material and Force Account Estimate 1 For The CITY OF SALINA Install two CS -170 "Stop & Private Road Crossing" signs.. at M.P. 1.13 Plainville Branch at Salina, Kansas. KANSAS DIVISION AUGUST 1, 1979 s JOi3 NO. DESCRIPTION LABOR MATERIAL TOTAL 001 Install Stop & Private Road Crossing Signs Install 2 CS -170 Signs 80 110. Labor & Material Additives 62 17 Contingencies 8 11 .150 138 288 288 TOTAL 150 138 Flagging or -roadway watchman service 'erformed for the City or City's contractor and recollectible from City will be reported on Form 1054, "Labor Report." The above figures are estimates only and `subject to fluctuation. In the event of an increase in the cost or amount of material and labor required, the City will be billed for actual construction costs at the current rates effective thereof. s 1,111ilm PWJ�iJL�. 1 illll I !illli it 11 11 1I II I. 1 E c 1N3W3S'd3 � �Ob1N0� Q00 d T: tai i \ � v , 0 Al 71 \, � Relocate S�q � �._..�� ._.._...,._._.. �Zoo ti •� W \ \.tel i EXHI\. 17.11 ION PACIFIC RAILROAD COMPANY q M. P. 1 . 1-1 NEAR SALINA 3 SALINE COUNTY, KANSAS To accompany agreement with �r CITY OF SALINA covering the To construction of private road ° crossing, ° ► ' Scale: 111 = 501 ti Office of Division Engineer NJ �,Kansas City, Missouri may 28 1959 LEUND Road crossing shown*.**AYELLOW Facilities altered or k moved shown * * * ...... * a a ORANGE - Faciltties to be retired or moved ' shown .... ........ DASHED BLACK) �" PR R/W outlined, O... 0 ..0. *.RED