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Claflin at Crawford At-Grade Crossing Improvement (UPRR REMS Folder #22460)U PPR R-ums %I dtr 4 6G4 UO Public Road Improvements 08/24/07 Estimated Costs Form Approved -AVP Law IMPROVEMENTS TO EXISTING PUBLIC ROAD AT GRADE CROSSING FOR CLAFLIN AVENUE, DOT 815066D M.P. 549.10 SID INDUSTRIAL LEAD SALIN., KS THIS AGREEMENT, executed in duplicate this 7th day of November, 2016 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 Clatlin Avenue crossing, at grade, along, over and across Railroad's track and right of way at Railroad Mile Post 549.10, on Railroad's SID Industrial Lead, DOT No. 815066D, 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 crossings (b) install a 64 ft. precast concrete crossing, (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 sixty five percent (65%) of Railroad's actual labor and material costs associated with the work and materials described in Section I above. Railroad estimates such cost to be Fifty Four Thousand Two Hundred and Eight Dollars ($54,238.00), as set forth in Estimate of Material and Force Account dated November 1, 2016 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 inial 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. 3. Railroad, at its cost, shall 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, approach paving, advanced warning signs and pavement markings. All such work shall be in compliance with the current Manual on Uniform Traffic Control Devices. Public Road Improvements 08/24/07 Estimated Costs Fonn Approved -AVP Law 5. If Political Body's contractor(s) islare 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 contractors) 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 disnrpt 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 ami. 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 g& Title: Kevin n- Hmr-ks AVP Engineefing CITY OF SALINA Z Pew ,hin.q St S 11 th S.I. 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J Nye" �Xji�i i7 DATE: 2016-11-01 ESTIMATE OF MATERIAL AND FORCE ACCOUNT WORK BY THE UNION PACIFIC RAILROAD THIS ESTIMATE GOOD FOR 6 MONTHS EXPIRATION DATE IS :2017-05-02 DESCRIPTION OF WORK: SALINA, KS / CLAFLIN RD / DOT#815066D-2 / SID IND LD / MP 549.10 REMOVE EXISTING 48TF CROSSING SURFACE, INSTALL NEW 64TP CROSSING SURFACE INCLUDING TIES, RAIL, AND OTM PROJECT WAS BUILT USING FED ADDITIVE W/ OVERHEAD AND INDIRRCT 234$ UPRR WILL HE REIMBURSED FOR 65% OF COST TO REPLACE THE CROSSING SURFACE BY THE CITY OF SALINA PID: 100163 AWO. MP,SUBDIV: 549.10, SID SERVICE UNIT: 14 CITY: SALINA STATE: KS DESCRIPTION QTY UNIT LABOR MATERIAL RECOIL UPRR TOTAL ENGINEERING WORK ENGINEERING FLAGGING LABOR ADDITIVE 2343 TRACK TOTAL ENGINEERING SIGNAL WORK LABOR ADDITIVE 234 MATL STORE EXPENSE SALES TAX SIGNAL TOTAL SIGNAL TRACK 6 SURFACE WORK BALAST BILL PREP FEE CONTRACT COSTS ENVIRONMENTAL PERMIT FIELD WELD FOREIGN LINE FREIGHT HOMELINE FREIGHT LABOR ADDITIVE 234% MATL STORE EXPENSE OTM RAIL RDXING SALES TAX SWTIE TRK-SURF,LIN WELD XTIE TOTAL TRACK & SURFACE LABOR/MATERIAL EXPENSE 51385 32052-Y------- RECOLLECTIBLE/UPRR EXPENSE 54230 29199 -------- ESTIMATED PROJECT COST 83437 THE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION. IN THE 1VENT 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. 1751 1138 613 1751 751 488 263 751 7614 4949 2665 7614 751 488 263 751 10867 7063 3804 10867 1259 818 441 1259 25 16 9 25 20 13 7 20 640 500 741 399 1140 1899 545 1588 856 2444 1.00 CL 1356 907 1470 793 2263 900 585 315 900 500 325 175 500 10 6 4 10 1104 717 387 1104 628 408 220 628 900 585 315 900 23286 15135 8151 23286 312 203 109 312 1936 7645 6227 3354 9581 160.00 LF 1926 2692 3001 1617 4618 64.00 TF 670 10101 7002 3769 10771 1084 703 381 1084 51.00 EA 2508 3464 3882 2090 5972 2045 1329 716 2045 1349 756 1368 737 2105 29.00 EA 2439 1648 2641 1406 4047 38619 31507 45587 24539 70126 LABOR/MATERIAL EXPENSE 51385 32052-Y------- RECOLLECTIBLE/UPRR EXPENSE 54230 29199 -------- ESTIMATED PROJECT COST 83437 THE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION. IN THE 1VENT 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.