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Audit # 170532 Neal Avenue Road Crossing ImprovementsBUILDING AMERICA° UPRR Folder No.: 2625-55 UPRR Audit No.: 170532 SUPPLEMENTAL AGREEMENT THIS SUP LEMENTAL AGREEMENT (the "Second Supplement") is made as of the (off? day of' 20A, by and between UNION PACIFIC RAILROAD COMPANY, a De�la�w/�ar��e co�rporaattion ("Railroad") and the CITY OF SALINA, a Kansas muncipal corporation ("City"). RECITALS: By instrument dated February 15, 1994, the Railroad, the City and the Kansas Department of Transportation entered into an agreement identified as Railroad's Folder No. 2625-55, UPRR Audit No. 170532 (the "Original Agreement") covering the construction, maintenance and use of the Neal Avenue at -grade public road crossing, (DOT No. 815-074V), located at Railroad Mile Post 547.44 on its SID Industrial Lead in Salina, Saline County, Kansas (the "Roadway"). The Railroad and the City now wish to enter into this Supplement Agreement providing for the Railroad, at City's expense, to improve the existing crossing surface by relaying 160 -feet of rail, installing 40 -feet of concrete road crossing panels, installing 50 cross ties; install 1 carload of ballast; and other track and surface materials, as such track and surface improvements are described in the Railroad's Track & Surface Material Estimate work dated January 9, 2010, marked Exhibit B, attached hereto and hereby made a part hereof (the "Estimate"). The track and surface improvements described in this paragraph and in the Estimate are hereinafter collectively referred to as the "Surface Improvements". The scope of work involving the Surface Improvements and the locations of the Surface hnprovements are shown on the Railroad Location Print marked Exhibit A, attached hereto and hereby made a part hereof AGREEMENT: NOW, THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: SECTION 1. RAILROAD'S INSTALLATION OF SURFACE IMPROVEMENTS A. The Railroad, at a shared expense with the City, shall install the Surface Improvements. As set forth in the Estimate, the Railroad's estimated cost of installing the Surface Improvements is Sixty -Five Thousand One Hundred Fifty -Six Dollars ($65,156.00). The Railroad's contribution of the total estimated cost is $22,736.00. B. The City agrees to reimburse the Railroad for its share of the actual costs incurred by the Railroad in connection with this Supplemental Agreement including, but not limited to, actual costs of preliminary engineering review, construction inspection, procurement of materials, equipment rental, manpower and deliveries to the job site and all of the Railroad's normal and customary additives which shall include direct and indirect overhead costs associated therewith. 2625-55 City of Salina, KS Page 1 of 2 July 7, 2010 Neal Avenue BUILDING AMERICA° SECTION 2. MAINTENANCE OF SURFACE IMPROVEMENTS The City agrees to reimburse the Railroad the cost of future maintenance of the road crossing surface materials within thirty (30) days of the City's receipt of billing. SECTION 3. AGREEMENT IS SUPPLEMENTAL TO ORIGINAL AGREEMENT This Supplement is supplemental to the Original Agreement, and nothing contained in this Supplement shall be construed as amending or modifying the Original Agreement except has herein specifically provided. SECTION 4. AUTHORIZATION The persons signing this Supplement confirm that they are duly authorized under the Railroad's or City's policies and procedures to execute this Supplement and to bind the Railroad and City, as the case may be, to the obligations under this Supplement. IN WITNESS WHEREOF, the parties hereto have caused this Second Supplement to be executed in duplicate as of the date first herein written. UNION PACIFIC RAILROAD COMPANY (Federal Tar ID No. 94-6001323) Contracts CITY OF SALINA By—_ Y Printed Name: /00A) Title: 2625-55 Cit of Salina, KS City Page 2 of 2 July 7, 2010 Neal Avenue TI (EEII uXiITA \--i Li �J rS-4lem Q Agre men U N i RAILROAD LOCATION PRINT W' 'E OF AN EXISTING AT—GRADE PUBLIC ROAD CROSSING s SURFACE IMPROVEMENT PROJECT lr3 \ ii NIf+H IP L .YALE VB f k%MAR VM AbE '{ 1 aI EMrW—O- �( I EAVE W 4�rI pjiih L�rl � I "t, 1 `^.SIY, ES a C fg` rc j`rL �1° ,� @wl 0 8 I sTAaroR `PZ,��"�v L_ W MAGN6—. I MA 1 A RD�r( E OLIA RD��i E MAGNOLI RD fm£I a y w l IILI �� o I� o wlN a'A.enue-DGTSSt5L74V p „£hey RR MP 547.44 -SID Industrial Lead evIDg, k z�t U Existing At -Grade Public Road Crossing ._ �I. Surface Improvement Project Tt I- j'>,jRi 412 Ail b N a < n+f h� R p�li5r CA+ �Tp �i- f, '.w if D, ..__ —Y fA_ E OILING RD P F -- -- — UIQ cr _ SID Industrial Lea ,s §d L�... EA NUEa �f _ N 617103We. MU Dela use sabjecl ro tense. ° � ®2DW DYane.Skeel AlNS USA®NOB. 0 lero DW www.tlsbrnw!.cem M IIS E) Dale Zcom 73-0 RAILROAD WORK TO BE PERFORMED: EXHIBIT "A" 1. Re-lay 160 -feet of rail; Install 40 -feet of concrete road crossing UNION PACIFIC RAILROAD COMPANY panels; Install 50 cross ties; Install 1 carload of ballast; and other track & surface materials. SID INDUSTRIAL LEAD MILE POST 547.44 UPS: N 38° 47.4421', W 97° 36.2379' SALINA, SALINE CO., KS. Railroad Location Print of an existing at -grade public road crossing surface improvement project with the CITY OF SALINA. Folder No. 2625-55 Date: July 7, 2010 WARNING IN ALL OCCASIONS, U.P. COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE OF ANY WORK TO DETER BNE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE. PHONE: I-(800) 336-9193 Exhibit A Railroad Location Print L X— n n ISH' Li HI IT CB Two S�upp� menUl ftg r U ent DATE: 2010-01-09 ESTIMATE OF MATERIAL AND FORCE ACCOUNT WORK BY THE UNION PACIFIC RAILROAD THIS ESTIMATE GOOD FOR 6 MONTHS EXPIRATION DATE IS 2010-07-10 DESCRIPTION OF WORK: INSTALL A 40 FOOT CONCRETE PLANK ON WOOD TIE ROAD CROSSING AT NEA, AVE IN SALINA KS. MP. 547.44 ON THE SID INDUSTRIAL LEAD, CITY OF SALINA TO PAY 65% OF THE COST. UPRR TO PAY 35% OF THE COST. USING FEDERAL LABOR ADDITIVES WITH INDIRECT AND OVERHEAD COST OF 2051. PIG: 65750 AND: 01904 MP,SUBDIV: 547,44, SID SERVICE UNIT: 14 CITY: SALINA STATE: KS DESCRIPTION QTY UNIT LABOR MATERIAL RECOLL UPRR TOTAL ___________ ___ ____ _____ ________ _______ _____ ----- ENGINEERING WORK ENGINEERING 1000 650 350 1000 LABOR ADDITIVE 205% 2050 1332 718 2050 TOTAL ENGINEERING SIGNAL WORK LABOR ADDITIVE 205% SALES TAX SIGNAL TOTAL SIGNAL TRACK R SURFACE WORK BALAST BILL PREP DRAINAGE IMPROVEMENT ENVIRONMENTAL PERMIT EQUIPMENT RENTAL FIELD WELD FOREIGN LINE FREIGHT HOME LINE FREIGHT LABOR ADDITIVE 2051 MATL STIORE EXPENSE OTM-___._ ..._ .. .__. RAIL RDxINQ ROADWAY APPROACH WORK SALES TAX SAW CUT STREET APPROACH TRX-SURF,LIN WELD XTIE TOTAL TRACK S SURFACE _______ ________ -'-LABOR/MATERIAL EXPENSE---- "' 35907 - 29249------__ __ RECOLLECTIBLE/UPRR EXPENSE42420 22736 -------- ESTIMATED PROJECT COST 65156 EXISTING REUSEABLE MATERIAL CREDIT 0 SALVAGE NONUSEABLE MATERIAL CREDIT 0 RECOLLECTIBLE LESS CREDITS THE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION. IN THE EVENT OF AN INCREASE OR DECREASE IN THE COST OR QUANTITY OF MATERIAL OR LABOR REQUIRED, Exhibit 0 Railroad's Track & Surface Material Estimate _______ 3050 ________ ________ 1982 ________ 1068 -------- 3050 1451 943 508 1451 2 1 1 2 707 _______ ________ 70 505 272 777 2159 ________ 72 1449 ________ 781 -------- 2230 1.00 CL 2434 764 2078 1120 3198 900 585 315 900 2000 1300 700 2000 1 1 1 300D 1950 1050 3000 18 11 7 18 160 104 56 160 900 585 315 900 16764 10971 5793 15764 202 131 71 202 433- -3937 .-..2840.. ..1530.......4370... 160.00 IF 589 3113 2406 1296 3702 40.00 TF 2573 8307 7072 3808 . 1OB80 2000 1300 700 2000 764 496 268 764 1000 650 350 1000 2697 1753 944 2697 593 128 468 253 721 50.00 EA 3698 2901 4289 2310 6599 30699 29177 ______ ________ 38989 -------- 20887 59876 _______ ________ -'-LABOR/MATERIAL EXPENSE---- "' 35907 - 29249------__ __ RECOLLECTIBLE/UPRR EXPENSE42420 22736 -------- ESTIMATED PROJECT COST 65156 EXISTING REUSEABLE MATERIAL CREDIT 0 SALVAGE NONUSEABLE MATERIAL CREDIT 0 RECOLLECTIBLE LESS CREDITS THE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION. IN THE EVENT OF AN INCREASE OR DECREASE IN THE COST OR QUANTITY OF MATERIAL OR LABOR REQUIRED, Exhibit 0 Railroad's Track & Surface Material Estimate