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Ninth Street Crossing ImprovementsAugust 15, 2014 Dan Stack, P.E. City of Salina 300 West Ash Street P.O. Box 736 Salina, KS 67402-0736 RE: KS Salina 9th Street 186.31 Salina Sub 818386N Dear Dan: Enclosed is a fully executed agreement for the above referenced location. Sincerely, Alisa Rangel Sr. Engineering Services Admin Enclosures CC: Michael Benjamin UNION PACIFIC RAILROAD Engineering Department 1400 Douglas Street Stop 0910 Omaha, Nebraska 68179 Public Road Improvements 08/24%07 Estimated Costs Form Approved -AVP Law IMPROVEMENTS TO EXISTING PUBLIC ROAD AT GRADE CROSSING FOR 9T" STREET, DOT 818386N M.P. 186.31 SALINA SUBDIVISION SALINA, KANSAS THIS AGREEMENT, executed in duplicate this day ofuS� 1�by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation "Railroad"), and CITY OF SALINA, a municipal corporation of the State of KANSAS ("Political Body"). RECITALS: Political Body has requested Railroad to improve the existing 9th Street crossing, at grade, along, over and across Railroad's track and right of way at Railroad Mile Post 186.31, on Railroad's Salina Subdivision, DOT No. 818386N, in City of Salina, Saline County, State of Kansas (the "Crossing"), to which Railroad is agreeable, but solely upon terms and conditions hereinafter set forth. The location of the Crossing is generally shown on the print marked Exhibit A, attached hereto and hereby made a part hereof. AGREEMENT: NOW THEREFORE, in consideration of the premises and of the promises and conditions hereinafter set forth, the parties hereto agree as follows: 1. Railroad shall furnish all labor, material, equipment and supervision for, and shall (a) remove the existing timber crossing, (b) install 3 - 80 ft. precast concrete crossings, (c) field weld rail, (d) relay track at the Crossing with 136 pound rail, (e) renew the crossties, and (f) surface the track with new ballast. 2. Political Body agrees to reimburse the Railroad for fifty percent (50%) of Railroad's actual labor and material costs associated with the work and materials described in Section 1 above. Railroad estimates such cost to be One Hundred Thirty Seven Thousand Five Hundred and Thirty Eight Dollars (S137,538.00), as set forth in Estimate of Material and Force Account dated May 21, 2014 marked Exhibit B, hereto attached and hereby made a part hereof. During the performance of such work Railroad will provide progressive billing to Political Body based on Railroad's actual costs. Actual costs to Railroad shall include customary additives (which includes its overhead and indirect construction costs) to materials, services and labor provided by Railroad. Within One Hundred Twenty (120) days after Railroad has completed its work, Railroad will submit a final billing to Political Body for any balance owed. Political Body shall pay Railroad within thirty (30) days of its receipt of progressive and final bills submitted by Railroad. DanavoH 14f�d�o 3. Railroa0;iat,•;fs ostAshall maintain the Crossing between the track tie ends and Political Body, at its cost, shall maintain all other portions of the Crossing. If, in the future, Political Body elects to have the surfacing material between the track tie ends replaced with paving or some surfacing material other than timber planking, Railroad, at the Political Body's expense, shall install such replacement surfacing. 4. Political Body, at its cost, shall provide all labor, material and equipment associated with traffic control, barricades, detour signing, advanced warning signs and pavement markings. All such work shall be in compliance with the current Manual on Uniform Traffic Control Devices. HAKS PUBLIC PROJECMSalina 9th SvmW8386N Agree mt.dw Public Road Improvements 08/24/07 Estimated Costs Form Approved -AVP Law 5. If Political Body's contractor(s) is/are performing any work described in Section 4 above, then Political Body shall require its contractor(s) to execute Railroad's standard and current form of Contractor's Right of Entry Agreement. Political Body acknowledges receipt of a copy of the Contractor's Right of Entry Agreement and understanding of its terms, provisions, and requirements, and will inform its contractor(s) of the need to execute the Agreement and to obtain and provide to Railroad the insurance policies, binders, certificates and endorsements that are required in the Contractor's Right of Entry Agreement. Under no circumstances will the Political Body's contractor(s) be allowed onto the Railroad's premises without first executing the Contractor's Right of Entry Agreement and providing the aforesaid insurance documents. 6. Fiber optic cable systems may be buried on Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Political Body or its contractor(s) shall telephone Railroad during normal business hours (7:00 a.m. to 9:00 p.m., Central Time, Monday through Friday, except holidays) at 1-800-336-9193 (also a 24-hour number, 7 day number for emergency calls) to determine if fiber optic cable is buried anywhere on Railroad's premises to be used by Political Body or its contractor(s). If it is, Political Body or its -contactor(s) will telephone the telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on Railroad's premises. 7. Political Body, for itself and for its successors and assigns, hereby waives any right of assessment against Railroad, as an adjacent property owner, for any and all improvements made under this Agreement. 8. Covenants herein shall inure to or bind each party's successors and assigns; provided, no right of Political Body shall be transferred or assigned, either voluntarily or involuntarily, except by express written agreement acceptable to Railroad. 9. Political Body hereby confirms that funds have been appropriated for the work set forth in this Agreement. 10. The person signing this Agreement on behalf of Political Body hereby confirms that he/she is authorized under Political Body policies and procedures to execute this Agreement and to bind Political Body to the obligations under this Agreement. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date first herein written. UNION PACIFIC RAILROAD COMPANY, By Tid 7J CITY OF SALIN By Title: HAKS PUBLIC PROIGCTS\.Salina 9th Stred\8I8386N Agcemmt.dm 2 —I- z TI - o N i C X 2' Lu c� m co co (0� 00 00 � p U—UYrn20 z TI - o N i C X 2' Lu f EXHIBIT "B" DATE: 2014-05-21 ESTIMATE OF MATERIAL AND FORCE ACCOUNT WORK BY THE UNION PACIFIC RAILROAD THIS ESTIMATE GOOD FOR 6 MONTHS EXPIRATION DATE IS :2014-11-19 DESCRIPTION OF WORK: 2014 RECOLLECTIBLE PROGRAM SALINA SUBDIVISION MP 186.31 DOT # 818386N 9TH STREET INSTALL 3- 80 TF CROSSING SURFACES INCLUDING TIES,RAIL,OTM PROJECT TO BE FUNDED 50% CITY OF SALINA AND 50% UPRR PID: 85757 AWO: MP,SUBDIV: 186.19, SALINA SERVICE UNIT: 14 CITY: EAST SALINA STATE: KS DESCRIPTION QTY UNIT ----------- --- ---- LABOR MATERIAL ------------- RECOLL ------- UPRR ----- TOTAL ----- ENGINEERING WORK ENGINEERING 9041 4520 4521 9041 LABOR ADDITIVE 211°% 19076 9538 9538 19076 TOTAL ENGINEERING 28117 14058 14059 28117 SIGNAL WORK LABOR ADDITIVE 211°% 3192 1596 1596 3192 SIGNAL 1512 15 763 764 1527 TOTAL SIGNAL ------- -------- 4704 15 -------- -------- 2359 -------- 2360 4719 TRACK & SURFACE WORK BALAST 3.00 CL 19 2727 1372 1374 2746 BILL PREP FEE 900 450 450 900 DRAINAGE CONTRACT 6000 3000 3000 6000 ENVIROMENTAL PERMIT 10 5 5 10 EQUIPMENT RENTAL 3000 1500 1500 3000 FIELD WELD 15 7 8 15 FOREIGN LINE FREIGHT 3625 1812 1813 3625 HOMELINE FREIGHT 900 450 450 900 LABOR ADDITIVE 211% 30606 15300 15306 30606 MATL STORE EXPENSE 2375 1186 1189 2375 OTM 1633 36430 19028 19035 38063 RAIL 720.00 LF 5365 15118 10240 10243 20483 RDXING 240.00 TF 1926 56926 29425 29427 58852 ROADWAY APPROACH 30000 15000 15000 30000 SALES TAX 5051 2523 2528 5051 SAW CUT STREET APPROACH 1500 750 750 1500 SWTIE 183.00 EA 6186 12934 9559 9561 19120 TRAFFIC CONTROL 7500 3750 3750 7500 TRK-SURF,LIN 6675 3337 3338 6675 WELD 1824 2268 2046 2046 4092 XTIE EA 762 381 381 762 TOTAL TRACK & SURFACE ------- -------- 55011 187264 -------- -------- 121121 -------- 121154 242275 LABOR/MATERIAL EXPENSE --------------- 87832 187279 ----- RECOLLECTIBLE/UPRR EXPENSE 137538 137573 -------- ESTIMATED PROJECT COST 275111 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, UPRR WILL BILL FOR ACTUAL CONSTRUCTION COSTS AT THE CURRENT EFFECTIVE RATE.