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N. 9th St. Project • 7 , K-1 A G R E E M E N T PROJECT NO. 81-85 K 2021 (2) CITY OF SALINA, KANSAS This agreement, made and entered into this/'7GSC'day' of , 19J-? , by and between the City of Salina , Kansas,. hereinafter referred to as the City and the "tate Highway Commission of Kansas, hereinafter referred to as the Commission. • R E C I T A L S: - WHEREAS, the State Highway Commission of Kansas and the said City are empowered by the Laws of Kansas to enter into agreements for the con- struction and maintenance of city connecting links of the State Highway System through said City, and WHEREAS, the 'Commission and the said City desire to enter into a contract for the construction of a project for the improvement of a certain city connecting link of the State Highway System in said City, which project shall be known 'as 81-85 K 2021 (2) and is described as follows: Beginning at the south end of the brick pavement on Ninth (9th) Street at a point approximately 150 feet north of the center of Pacific Avenue, thence north on Ninth (9th) Street to the north end of the brick pavement approximately 38 feet north of the center of Euclid Street. Total length 0.1478 Mile. NOW, THEREFORE, in consideration of the premises and to secure -the approval and construction of the said project, the parties hereto mutually agree as follows: 1. That the said project when approved shall be undertaken, prosecuted and completed for and on behalf of the said City by the Com- mission acting in all things as its agent and said City hereby constitutes and appoints said Commission its agent, and all acts, proceedings, matters and things hereinafter done by the Commission in connection therewith are hereby by said City authorized, adopted, ratified and confirmed to the same extent and with the some effect as though done directly by the said City acting in its own individual corporate capacity instead of by its agent. p K-2 2. The City agrees to pay Thirty--three and one-third (33-1/3%) percent as its share of the cost of the project and to deposit with the Commission in advance of construction the full amount of its share of the cost of the project plus ten percent (10%) to cover costs of engineering and conting- encies. 3. The City agrees that it will move or adjust, or cause to be moved or adjusted, and will be responsible for such removal or adjustment of all existing fences, structures, pole lines, pipe lines, meters, man- holes, other utilities and encroachments, publicly or privately owned, which may be necessary to the construction of the project in accordance with approved plans. 4. The City agrees that when said project is completed and approved that it will, at its own cost and expense, maintain said project in a manner satisfactory to the Commission or their authorized representatives and will make ample provision each year for such maintenance. 5. The City agrees to save the Commission harmless from any and all cost, liability, expense, damage, suits, judgments and claims of any kind whatsoever arising out of or in connection with the performance of this contract, or the acts of the Commission, its agents or employees, when acting under the provisions of this agreement and all contracts entered into in connection therewith excluding the construction costs of the project. 6. The City agrees that it will require the removal of all encroachments from the limits of the right of way shown on the plans for this project; that it will require all existing gas and fuel dispensing pumps between the right of way lines shown on the plans for this project to be removed, that it will not in the future permit the erection of gas and fuel dispensing pumps upon the right of way of said connecting link; and that it will require that all such gas and fuel dispensing pumps erected, moved or installed along said connecting link be placed no less than twelve feet back of the right of way line. All right of way provided for said project shall be used solely for public highway purposes and no signs, posters, billboards, roadside stands or other private installations shall be permitted within the right of way limits except as provided by statute. 7. The Commission agrees to let the contract for the project, to construct the project in accordance with the approved plans for the project, to supervise the construction and to administer the payments due the contractor, including the portion of the cost borne by the City. 8. The Commission agrees to pay Sixty-six and two-thirds (66-2/3%) percent as its share of the cost of the project, to keep a detailed and accurate account of the costs of the work and within a reasonable time after completion of the project, to submit to the City a detailed statement showing the actual costs chargeable to the City and to return promptly any of the City's share not chargeable to the project. K-3 9. It is mutually agreed that the preliminary plans and all minor changes thereto as approved by the State Highway Engineer and the City shall by reference be made a part of this agreement. 10. The location, form and character of informational, regulatory and warning signs, of traffic signals and of curb and pavement or other . markings installed or placed by any public authority, or other agency, shall be subject to the approval of the Commission and shall not be in- stalled prior to such approval. 11. It is further understood that this agreement and all contracts entered into under the provisions of this agreement shall be binding upon the Commission and the City and their successors in office. • • IN WITNESS WHEREOF the parties hereto have caused this agreement to be signed by their duly authorized officers on the day and year first above written. • ATTEST: CITY OF SALINA, KANSAS / 2-a—O CITY CLERK MAYOR ATTEST: / SECRETARY V DIRECTOR 0 K-1 t i f S fOr AGREEMENT CV1( PROJECT NO. 81-85 K 2021 (2) CITY OF SALINA, KANSAS This agreement, made and entered into this day of 19 , by and between the City of Salina , Kansas, hereinafter referred to as the City and the 5,.tate Highway Commission of Kansas, hereinafter referred to as the Commission. R E C ITA LS: WHEREAS, the State Highway- Commission of Kansas and the said City are empowered by the Laws of Kansas to enter into agreements for the con- struction and maintenance of city connecting links of the State Highway System through said City, and WHEREAS, the Commission and the said City desire to enter into a contract for the construction of a project for the improvement of a certain city connecting link of the State Highway System in said City, which project shall be known as 81-85 K 2021 (2) and is described as follows: Beginning at the south end of the brick pavement on Ninth (9th) Street at a point approximately 150 feet north of the center of Pacific Avenue, thence north on Ninth (9th) Street to the north end of the brick pavement approximately 38 feet north of the center of Euclid Street: . Total length 0.478 Mile. NOW, THEREFORE, in consideration of the premises and to secure the approval and construction of the said project, the parties hereto mutually agree as follows: 1. That the said project when approved shall be undertaken, prosecuted and completed for and on behalf of the said City by the Com- mission acting in all things as its agent and said City hereby constitutes and appoints said Commission its agent, and all acts, proceedings, matters and things hereinafter done by the Commission in connection therewith are hereby by said City authorized, adopted, ratified and confirmed to the same extent and with the same effect as though done directly by the said City acting in its own individual corporate capacity instead of by its agent. K-2 2. The City agrees to pay Thirty-three and one-third (39-1/341 percent as its share of the cost of the project and to deposit with the Commission in advance of construction the full amount of its share of the cost of the project plus ten percent (10%) to cover costs of engineering and conting- encies. 3. The City agrees that it will move or adjust, or cause to be moved or adjusted, and will be responsible for such removal or adjustment of all existing fences, structures, pole lines, pipe lines, meters, man- holes, other utilities and encroachments, publicly or privately owned, which may be necessary to the construction of the project in accordance with approved plans. 4. The City agrees that when said project is completed and approved that it will, at its own cost and expense, maintain said project in a manner satisfactory to the Commission or their authorized representatives and will make ample provision each year for such maintenance. 5. The City agrees to save the Commission harmless from any and all cost, liability, expense, damage, suits, judgments and claims of any kind whatsoever arising out of or in connection with the performance of this contract, or the acts of the Commission, its agents or employees, when acting under the provisions of this agreement and all contracts entered into in connection therewith excluding the construction costs of the project. 6. The City agrees that it will require the removal of all encroachments from the limits of the right of way shown on the plans for this project; that it will require all existing gas and fuel dispensing pumps between the right of way lines shown on the plans for this project to be removed, that it will not in, the future permit the erection of gas and fuel dispensing pumps upon the right of way of said connecting link; and that it will require that all such gas and fuel dispensing pumps erected, moved or installed along said connecting link be placed no less than twelve feet back of the right of way line. All right of way provided for said project shall be used solely for public highway purposes and no signs, posters, billboards, roadside stands or other private installations shall be permitted within the right of way limits except as provided by statute. 7. The Commission agrees to let the contract for the project, to construct the project in accordance with the approved plans for the project, to supervise the construction and to administer the payments due the contractor, including the portion of the cost borne by the City. S. The Commission agrees to pay Sixty-six and two-thirds (66-2/3%) percent as its share of the cost of the project, to keep a detailed and accurate account of the costs of the work and within a reasonable time after completion of the project, to submit to the City a detailed statement showing the actual costs chargeable to the City and to return promptly any of the City's share not chargeable to the project. • • K-3 9. It is mutually agreed that the preliminary plans and all minor changes thereto as approved by the State Highway Engineer and the City shall by reference be made a part of this agreement. 10. The location, form and character of informational, regulatory and warning signs, of traffic signals and of curb and pavement or other markings installed or placed by any public authority, or other agency, shall be subject to the approval of the Commission and shall not be in- stalled prior to such approval. 11. It is further understood that this agreement and all contracts entered into under the provisions of this agreement shall be binding upon the Commission and the City and their successors in office. IN WITNESS WHEREOF the parties hereto have caused this agreement to be signed by their duly authorized officers on the day and year first above written. ATTEST: CITY OF SALIVA, KANSAS / CITY CLERK MAYOR ATTEST: BY SECRETARY DIRECTOR • STATE HIGZIWAY COMMISSION EDWARD F. ARN, Governor H.O.REED,Engineer of Construction Hwn w R.SNIDER,Laurcrnce ROBERT Wn.IAs,Engineer of Design j� GALE MOSS L. J. SILEB,Engineer of Maintenance ADRIAN M.Suns,McPherson Director of Highways W.L.Dswrr,Office Engineer C.L. Cl/STUNG,Downs R. D. Finaas, Engineer of Materials E. R. CASKET,Pittsburg C.L.MuEPBY,Auditor Kamm W. DALE,Arkansas City J.A.CAMPBELL,Right of Way Engineer LESTER R. McDONALD,Satanta STATE HIGHWAY COMMISSION PAN'.MARTIN,Eng.of Hwy.Planning FRANK w Cos Secretary WALTER JOHNSON,Eng.Co.Secondary Roads State a Highway Commission B.R.IRELAND,Engineer of Traffic R. C. KEELING OF KANSAS MASON ai Sv H upt.Public Relations State Highway Engineer W.FAY BEASLEY,Purchasing Agent W. S. McDANIEL,Assistant TOPEKA Jomv A.SEIDEL,Sup.t Hwy.Radio State Highway Engineer C.M.VOELEER,Supt.Vehicle Dept. February 5, 1953 81-85 K 2021 (2) Mr. Charles E. Banker City Clerk Salina, Kansas Dear Mr. Banker: The Commission has prepared plans for the resurfacing of Ninth Street between Pacific Avenue and Euclid Avenue. Plans of the proposed project are being transmitted herewith, together with three copies of an agreement form covering the project. 'gill you please hand the agreements and the plans to the govern- ing body of the City for their review and action. If the plans and agreements are satisfactory, two copies of the agreement form should be executed on the part of the City and returned to this office for further handling. The third copy may be re- tained in your office for reference pending receipt of your fully executed copy. lab are also enclosing one copy of a typical enabling ordinance which is frequently used by cities for projects of this nature. Should the City decide to act favorably on the project, we should appreciate receiving an affidavit of publication of the ordinance at the time that the agreements are returned. - Yours very truly, eZ / 68 ROBERT WILLIS • 9 2 Z ENGINEER OF DESIGN rao .lo 367 0 ---- .39g 6 6 BY -4/1 igt, cc: �' _ R. •. S.00g cc: Mr. C. Frank Virr Asst. Engr. of Design • :_7 STATE HIGHWAY COMMISSION EDWARD F. ARN, Governor H.O.REED,Engineer of Construction • ROBERT WILLIS,Engineer of Design HAROLD E.Somas,Lawrence GALE MOSS L.J. San, Engineer of Maintenance Amaze M.Slum,McPherson Director of Highways W L.Dram,Office Engineer C.L. Cusinga,Downs R.D.Fumar,Engineer of Materials E.R. CASEEm,Pittsburg C.L.Musson,Auditor Knixs W.DALE,Arkansas City J.A.CAMPBELL,Right of Way Engineer LESTER R.MCDONALD,Satanta STATE HIGHWAY COMMISSION PAUL Merritt,Eng.of Hwy.Planning Secretary FRANK a Highway Co mission WALTER JOHNSON,Eng.Co.Secondary Roads State Highway Commission R.R.IRELAND,Engineer of Traffic R. C. KEELING OF KANSAS MASON ub Relations State Highway Engineer W.FAY BassLEn,Purchasing Agent W. S.MCDANIEL,Assistant TOPEKA JOHN A. SEmmL,Supt.Hwy.Radio State Highway Engineer C.M.VOELEER,Supt.Vehicle Dept. March 11, 1953 81-85 K 2021 (2) Agreement with the City of Salina Mr. H. E. Peterson City Clerk Salina, Kansas Dear Mr. Peterson: • We are attaching hereto your fully executed copy of the agreement on the above numbered project. We will be glad to furnish additional copies of the agreement if requested. Yours very truly, ROFERT MILLIS ENGINEER OF DESIGN BY ale s� Z '. O. S oog Asst. Engr. of Design ROS:mh STATE HIGHWAY COMMISSION EDWARD F. ARN, Governor II. O. lingo,Engineer of Construction ROBERT WILLIS,Engineer of Design HAROLD K.SNIDER,Lawrence GALE MOSS L. J. Sn.ER,Engineer of Maintenance ADRIAN M.SMITR,McPherson Director of Highways W. L. DYATT,Office Engineer C. L. Cusarro, Downs R. D. FINNEY, Engineer of Materials E. R. CASKET, Pittsburg C. L. MURPHY, Auditor KIRKE W. DALE, Arkansas City J. A. CAMPBELL,Right of Way Engineer LESTER R. McDONALD, Satanta STATE HIGHWAY COMMISSION PAUL MARTIN, Eng. of Hwy. Planning WALTER JOHNSON,Eng.Co.Secondary Roads FBw E. wy In., Secretary R. R. IRELAND,Engineer of Traffic State Highway Commission • R. C.KEELING OF KANSAS MASON ILL,ON,Attorney Vine HILL, Supt. Public Relations • State Highway Engineer W. FAT BEASLEY, Purchasing Agent W. S. MCDANIEL,Assistant TOPEKA Joint A.SEIDEL,Supt. Hwy.Radio State Highway Engineer C.M.VOELKER, Supt.Vehicle Dept. March 26, 1953 Project 81-85 K 2021 (2) H. E. Peterson City Clerk Salina, Kansas Dear Mr. Peterson: We enclose, herewith, our statement of estimated cost based upon contract prices for the surfacing of Highway US-81 as covered by the above project. According to our agreement the City of Salina is to place one—third of the estimated cost of the project on deposit with us prior to the beginning of construction. You will note from the statement that your share of the estimated cost is $6,397.00. This amount should be sent to us at your earliest convenience in order to avoid delay in construction. After the project is completed and the actual cost has been computed an adjustment will be made. If the actual cost is less than the estimated cost the. unused city funds will be returned to you, however, if the actual cost is more than the estimated cost you will be billed for the additional amount. Yours very truly, / C. L. MURPHY AUDITOR RB:rj cc: C. Frank Virr STATE HIGH'gAY COMMISSION OF KANSAS Statement of Estimated Cost Saline County Project 81-85 K 2021 (2) City of Salina Cutback Asphalt for Prime 1,400 Gals. 0.15 $ 210.00 Aggregate for Binder Course 806 Tons 8.00 6,448.00 Aggregate for Surface Course 919 Tons 8.00 7,352.00 Asphalt Cement 34,380 Gals. 0.10 3,438.00 Sub-total $ 17,448.00 Engineering & Contingencies 1,743.00 Total $ 19,191.00 City share of cost 1/3 of $19,191.00 or $6,397.00 • PLAN . • • • • • • 1 r t April 4, 1858 . • State UIi„htaay $a isaion, • Topeka, Senses. C,entle enr • Attn: f,h°. Co L. t€srphy, Auditor • Enclosed please find our check for 58399.00 in paymsnt of tho Olty's ' sham of Project 81°88 K 2021 (2); Saline County. Yours,vory truly, • • 8.- E. Peterson, City'Cleik. • • • • • • • • • • • •