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North Ohio Street Track Connection WorkSecretary Agmt_ No. 006053073 Project No. 85 K-8307-02 (Track Connection Work) "CITY'S ORIGINAL" AGREEMENT This Agreement made and entered into in triplicate as of the Vk day of M a , 2005, by and between the UNION PAZWFC RAILROAD NY, a corporation of the State of Delaware, hereinafter called "Railroad', and the SECRETARY OF TRANSPORTATION OF THE STATE OF KANSAS, acting as agent for the City of Salina, Saline County, Kansas, hereinafter called "Secretary", and the CITY OF SALINA, Kansas, hereinafter called "City" RECITALS A. The City entered into an agreement with the Kansas Secretary of Transportation (the "Secretary") dated April 22, 2002 (the "Original Agreement") for Kansas Department of Transportation ("KDOT") Project No. 85 K-8307-01 covering the grade separation project at North Ohio Street, over the Railroad's tracks and the Kansas and Oklahoma Railroad Company's tracks in Salina, Saline County, Kansas (the "Project"). B. The City entered into an agreement with the Secretary dated July 21, 2004 (the "Supplemental Agreement") to separate the grading required for the Railroad's spur track construction from the Project and to create a second stage (02) to accommodate train traffic during the construction of the remaining activities in stage (01). C. The Supplemental Agreement modified the Project No. to be 85 K-8307- 01, 02 and added paragraph 11a to the Original Agreement to provide that: The Secretary and the City agree that the Secretary shall let the 85 K- 8307-02 stage of the Project earlier than the 85 K-8307-01 stage. The grading and subballast will be built under the 85 K-8307-02 stage. The Railroad will construct their track and facilities on the grading and subballast after the 85 K-8307-02 stage has been completed. D. References in this Agreement to obligations or responsibilities of the "City" refer collectively to the Secretary and the City as their respective obligations and responsibilities in relation to the Project are addressed in the Original Agreement and the Supplemental Agreement. E. The term "Project Expense" shall be deemed the allocation of Project expenses between the Secretary and the City as set forth in the Original Agreement. F. The term "Contractor" as used in this Agreement shall mean any individual, partnership, firm, corporation, or any combination thereof hired by the City or the Secretary including their respective officers, agents, employees and their respective subcontractors including officers, agents and employees that will be performing any Project work under this Agreement. G. As part of the Project, the City, as a Project expense and at no cost to the Railroad, has acquired, or will be acquiring, all property that is required for the Railroad to construct a railroad track connection located west of Marymount Road which will connect the Railroad's Salina Subdivision at approximate Milepost 184.2 to the Railroad's Trigo Industrial Lead at approximate Milepost 493.2 as such track connection is shown on the Railroad's print dated November 16, 2001, with the latest revision date being February 2, 2005, marked Exhibit A, attached hereto and hereby made a part hereof (the "Track Connection"). The property for such Track Connection is shown on the City's print marked Exhibit A-1, attached hereto and hereby made a part hereof (the "Track Connection Property"). H. This Agreement is intended to cover the grading, subballasting and ditch work in connection with the Track Connection that the Secretary is to perform. AGREEMENT NOW, THEREFORE, the parties mutually agree as follows: Section 1. SEPARATE AGREEMENT BETWEEN RAILROAD AND CITY. A. The Railroad and the City will be entering into simultaneously with the execution of this Agreement a s%rate agreement titled "Agreement Covering New Track Connection Near Salina, Kansas", hereinafter referred to as the "UP/City Agreement". The UP/CITY Agreement shall cover the understandings between the Railroad and the City with respect to the Project that are not addressed in this Agreement. B. The parties agree that no Project work under this Agreement is to commence until the parties have executed this Agreement and the UP/CITY Agreement. Section 2. PROJECT WORK TO BE PERFORMED BY SECRETARY. A. The Secretary shall, as a Project expense and at no cost to the Railroad, furnish, construct and/or perform, or arrange and contract with its Contractor to perform, (i) all drainage structures and drainage work, (ii) all grading and earthwork and (iii) all subballast material and subballast work in compliance with the final one hundred percent (100%) completed plans that have been prepared by the City or the 2 Secretary, as a Project expense and at no cost to the Railroad, that have been approved in writing by the Railroad's Assistant Vice President Engineering -Design or his authorized representative (the "Plans") and also in compliance with all Railroad specifications, guidelines or standards furnished by the Railroad to the City or the Secretary. If the Contractor needs to bring in any borrow material for such work, such borrow material shall come from a Railroad approved borrow source. The City and the Secretary shall allow a Railroad representative or representatives to enter the Track Connection Property during the course of the Contractor's work in order to inspect such work. The Secretary shall ensure that the Contractor complies with the advice provided by such Railroad representative(s) including, without limitation, meeting the compaction rate testing and subballast standards set forth in the Plans. B. The Secretary, as a Project expense and at no cost to the Railroad, shall bear all costs of quality control and field inspection for the work to be performed by the Secretary including, without imitation, all staking for the centerline of the Track Connection. C. In order for the Secretary to perform, or to arrange and contract with its Contractor to perform the grading, subballasting work and construction of ditches for the portions of the Track Connection that will be located on existing Railroad -owned Rroperty, the Secretary will need to use on a temporary basis the portions of the ailroad's property shown shaded in green on Exhibit B attached hereto and hereby made a part hereof. D. Subject to the terms and conditions of this Agreement to be kept and observed by the Secretary and its Contractor, the Railroad hereby grants such temporary use to the Secretary and its Contractor for the sole purpose of performing such grading, subballasting and ditchwork on the Railroad's property. The Secretary and its Contractor may use such portions of the Railroad's property for a period of one hundred eighty (180) days or until the Secretary or its Contractor has completed such work, whichever occurs earlier. Section 3. RAILROAD'S CONTRIBUTION TO THE PROJECT. A. As provided in the separate Secretary Agreement No. 0006053080 to be entered into between the Secretary, the City and the Railroad, the Secretary will be constructing a new overpass grade separation that will carry vehicular traffic traversin on Ohio Street over the existing Kansas and Oklahoma Railroad ("K & O Railroad' and trackage owned by the Railroad as the K & O Railroad tracks and the Railroad's tracks cross Ohio Street at such locations (the "Overpass Work"). B. The City confirms that it will be entering into a separate Memorandum of Understanding or agreement with the K & O Railroad covering the Overpass Work and the amount of K & O Railroad's contribution towards such Overpass Work. C. The City and the Secretary confirm that the Railroad's construction of the portion of the Track Connection, as described in Section 5 of the UP/CITY Agreement, at the Railroad's expense shall be deemed to fulfill and satisfy (i) the Railroad's five percent (5%) contribution towards Project expenses with respect to 23 CFR 646.210(3) in the event any Federal funding is involved and (ii) the Railroad's contribution to the Project under the provisions of Section 2 of the Original Agreement. Section 4. FLAGGING. The Railroad shall set up with the Secretary's Contractor a Railroad standard Cost Accumulation Account number and process to cover the Railroad flagging that will be needed in connection with the Contractor's work on the Railroad's property. The Railroad will bill the Contractor directly for flagging costs. Prior to making final payment to the Contractor, the Secretary shall require the Contractor to furnish evidence to the Secretary that the Contractor has paid all charges due from the Contractor to the Railroad. Section 5. TITLE VI THE CIVIL RIGHTS ACT OF 1964. The Railroad agrees to act in full compliance with the'Special Attachment" consisting of three pa es) related to Title VI of the Civil Rights Act of 1964, said ,consisting Attachment" affixed hereto and made a part of this Agreement. Section 6. INSURANCE. The Secretary shall require its Contractor, in respect to its work performed upon, over or under the Railroad right-of-way, to procure and keep in effect, at its sole cost and expense, the following insurance coverage: A. Worker's Compensation and Employer's Liability Insurance. Insurance coverage as recognized by the Commission of Insurance of the State of Kansas. B. Commercial General Liability Insurance. Insurance that includes Comprehensive Form, Premises -Operation, Underground Hazard, Products/Completed Operations Hazard, Contractual Insurance, Broad Form Property Damage, Independent Contractors, and Personal Injury with a single limit of at least $1,000,000 each occurrence or claim and an aggregate limit of at least $2,000,000 and be purchased on a post 1998 ISO or equivalent form. C. Automobile Liability Insurance. Insurance that includes Comprehensive Form, Owned, Hired and Non -Owned with a minimum combined single limit of $1,000,000 for Bodily Injury and Property Damage. Such insurance shall cover all hired or rented equipment and operators thereof. D. Railroad Protective Liability Insurance. Insurance naming only Union Pacific Railroad Company as the insured with a combined single limit of $2,000,000 per occurrence with a $6,000,000 aggregate. The policy shall be broad form coverage for "Physical Damage to Property (ISO Form CG 00 35 07 98 or equivalent). A binder stating the policy is in place must be furnished to the Railroad until the original policy is forwarded to the Railroad. E. The above insurance shall be maintained in force while the Contractor is performing any work on the Railroad's property and until (i) the Contractor removes all tools, equipment and materials from the Railroad's property, (ii) the Contractor has cleaned up such portions of property to the Railroad's satisfaction and (iii) the Contractor has fulfilled all obligations under its contract with the Secretary. However, the insurance contracts covering the above insurance coverage shall cover claims for such length of time as said claims are permitted by law. al F. If any part of the Contractor's work is subcontracted, then the subcontractor shall obtain the insurance coverage described above, or the Contractor shall provide similar insurance on behalf of the subcontractors to cover their operations. Section 7. NOTICE. The Secretary, or its Contractor and agents, will give ten (10) days' written notice to the Railroad's Manager of Track Maintenance in Salina, Kansas, before commencing work in connection with the improvement upon or adjacent to the Railroad property. Section 8. EXPLOSIVES. The Secretary and its Contractor and agents, shall not discharge any explosives on or in the vicinity of the Railroad's property without the prior written consent of the Railroad's Assistant Vice President Engineering -Design, or his authorized representative. Section 9. NO INTERFERENCE WITH RAILROAD'S OPERATIONS. To require all work on the Project to be performed in a manner that will not endanger the safety of the Railroad or unduly interfere with the operation thereof. If, in the reasonable opinion of the Railroad, the operation of Secretary's Contractor is endangering the safety of the Railroad's operation, the Railroad may immediately, through the Secretary, order the termination of further work on the Railroad's premises without liability on the Railroad's part until the dangerous condition has been corrected. Section 10. TERMINATION. In the event the Secretary shall for any reason cancel or terminate the Project or in the event the Secretary's Contractor shall stop work thereon for a period of sixty (60) calendar days, other than seasonal suspensions authorized by the Secretary, for reason over which the Secretary or the Contractor has control, and the Secretary has not prepared to relet or resume work under the contract, the Railroad shall have the right to restore its property to the condition existing prior to commencement of the Project work. The Secretary agrees to reimburse the Railroad for all expenses incurred by the Railroad for such restoration by the Railroad. Section 11. FIBER OPTICS. A. Fiber optic cable systems may be buried on the Railroad's property and protection of the fiber optic cable systems is important. The Contractor shall telephone the 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, 7 -day number for emergency calls) to determine if fiber optic cable is buried anywhere on the Railroad's property to be used by the Contractor. If it is, the Contractor will telephone the telecommunications company(ies) involved, make arrangements for a cable locator and, if applicable, for relocation or other protection of the fiber optic cable. The Contractor shall not commence any work until al such protection or relocation (if applicable) has been accomplished. B. To the extent allowed by law and subject to the provisions of the Kansas Tort 5 Claims Act, K.S.A. 75-6101 et seq., in addition to other indemnity provisions in this Agreement, the Secretary shall indemnify and hold the Railroad harmless from and against all costs, liability and expense whatsoever arising out of any act or omission of the Secretary, its Contractor, agents and/or employees, that causes or contributes to (1) any damage to or destruction of any fiber optic cable systems on the Railroad's property, and (2) any injury to or death of any person employed by or on behalf of any fiber optic cable company, and/or its Contractor, agents and/or employees, on the Railroad's property. Section 12. UTILITY LINES The Secretary, as a Project expense and at no cost to the Railroad, shall move, protect, adjust, encase or reinforce, or arrange and cause to be moved, protected, adjusted, encased or reinforced in compliance with the Plans of all existing structures, pole lines, pipe lines, wire lines, meters, manholes and other utilities, publicly or privately owned (including those owned by the Railroad tenants or licenses), which may be necessary in connection with the Project including, without limitation, the Railroad's construction of the Track Connection. Section 13. OVERPASS AGREEMENT. The parties agree that they will be executing a separate three party agreement in the form marked Exhibit C, attached hereto and hereby made a part hereof, covering the construction, maintenance and use of the Ohio Street overpass structure. The Secretary and the City agree that the Railroad shall not be obligated to contribute any funds towards the overpass structure. Section 14. COORDINATION OF WORK. That all work contemplated in this Agreement shall be mutually scheduled and coordinated, commenced promptly and completed without undue delay. All work shall be performed in a good workmanlike manner. Section 15. AUDITING. The books, papers, and accounts of the parties hereto, so far as they relate to items of expense, labor and materials, or are in any way connected with the work herein contemplated, shall at all reasonable times during regular office hours and at each parties' principal place of business be open to inspection and audit by agents and authorized representatives of the parties hereto for a period of three (3) years from the date of project completion. 2 Section 16. SUCCESSORS AND ASSIGNS This Agreement shall be binding upon and inure to the benefit of the Railroad, the City and the Secretary, their successors and assigns and upon the successors and assigns of the parties hereto. Section 17. DISBURSEMENT OF FUNDS. That all disbursements required by this Agreement shall be from funds allocated by the City and the Secretary. Section 18. NOTICES. Any notices required or desired to be given under this Agreement shall be in writing and personally served, given by overnight express delivery, or given by mail. Telecopy notices shall be deemed valid only to the extent they are (i) actually received by the individual to whom addressed and (ii) followed by delivery of actual notice in the manner described above within three (3) business days thereafter. Any notice given by mail shall be sent, postage prepaid, by certified mail, return receipt requested, addressed to the respective party to receive at the following address or at such other address as the party may from time to time direct in writing: City: City of Salina Attn.: Director of Public Works 300 West Ash Street Salina, Kansas 67401 Facsimile: 785-309-5713 Secretary: Kansas Department of Transportation Attn.: Coordinating Engineer, Bureau of Design 915 SW Harrison Street, Room 730 Topeka, Kansas 66612-1568 Facsimile: 785-296-3646 Railroad: Union Pacific Railroad Company Attn: Assistant Vice President Engineering — Design 1400 Douglas, Mail Stop 0910 Omaha, Nebraska 68179 Facsimile 402-501-0478 Express delivery notices shall be deemed to be given upon receipt. Postal notices shall be deemed to be given three (3) days after deposit with the United States Postal Service. 7 IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement in triplicate the day and year first above written. DEBRA L. MILLER SECRETARY OF TRANSPORT TION By: G. DAVID COMSTOCK, P.E. DIRECTOR OF ENGINEERING AND DESIGN UNION PACIFIC RAILROAD COMPANY By: Title: ATTEST: CITY OF SALINA By CITY CLERK Deborah P. Divine, Mayor 8 Special Attachment No. 1 Sheet 1 of 3 KANSAS DEPARTMENT OF TRANSPORTATION Special Attachment To Contracts or Agreements Entered Into By the Secretary of Transportation of the State of Kansas NOTE: Whenever this Special Attachment conflicts with provisions of the Document to which it is attached, this Special Attachment shall govern. THE CIVIL RIGHTS ACT OF 1964, and any amendments thereto, REHABILITATION ACT OF 1973, and any amendments thereto, AMERICANS WITH DISABILITIES ACT OF 1990, and any amendments thereto, AGE DISCRIMINATION ACT OF 1975, and any amendments thereto, EXECUTIVE ORDER 12898, FEDERAL ACTIONS TO ADDRESS ENVIRONMENTAL JUSTICE IN MINORITY POPULATIONS AND LOW INCOME POPULATIONS (1994), and any amendments thereto, 49 C.F.R. Part 26.1 (DBE Program), and any amendments thereto NOTIFICATION The Secretary of Transportation for the State of Kansas, hi accordance with the provisions of Title VI and Title VII of the Civil Rights Act of 1964 (78 Stat. 252), §504 of the Rehabilitation Act of 1973 (87 Stat. 3555) and the Americans with Disabilities Act of 1990 (42 USC 12101), the Age Discrimination Act of 1975 (42 USC 6101), the Regulations of the U.S. Department of Transportation (49 C.F.R., Part 21, 23, and 27), issued pursuant to such ACT, Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations (1994), and the DBE Program (49 C.F.R., Part 26. 1), hereby notifies all contracting parties that, the contracting parties will affirmatively insure that this contract will be implemented without discrimination on the grounds of race, religion, color, gender, age, disability, national origin, or minority populations and low income populations as more specifically set out in the following seven "Nondiscrimination Clauses". CLARIFICATION Where the term "consultant" appears in the following seven "Nondiscrimination Clauses", the term "consultant" is understood to include all parties to contracts or agreements with the Secretary of Transportation of the State of Kansas. Nondiscrimination Clauses During the performance of this contract, the consultant, or the consultant's assignees and successors in interest (hereinafter referred to as the "Consultant"), agrees as follows: (1) Compliance with Regulations: The Consultant will comply with the Regulations of the U. S. Department of Transportation relative to nondiscrimination in federally -assisted programs of the U.S. Department of Transportation (Title 49, Code of Federal Regulations, Parts 21, 23 and 27, (a) Disadvantaged Businesses as defined in the Regulations, shall have a level playing field to compete fairly for contracts financed in whole or in part with Federal funds under this contract. (b) All necessary and reasonable steps shall be taken in accordance with the Regulations to ensure that Disadvantaged Businesses have equal opportunity to compete for and perform contracts. No person(s) shall be discriminated against on the basis of race, color, gender, or national origin in the award and performance of federally -assisted contracts. (c) The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of Federally -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. (8) Executive Order 12898 (a) To the extent permitted by existing law, and whenever practical and appropriate, all necessary and reasonable steps shall be taken in accordance with Executive Order 12898 to collect, maintain, and analyze information on the race, color, national origin and income level of persons affected by programs, policies and activities of the Secretary of Transportation of the state of Kansas and use such information in complying with this Order. (9) Incorporation of Provisions: The Consultant will include the provisions of paragraphs (1) through (8) in every subcontract, including procurements of materials and equipment, unless exempt by the Regulations, order, or instructions issued 2 pursuant thereto. The Consultant will take such action with respect to any subcontract or procurement as the Secretary of Transportation of the State of Kansas may direct as a means of enforcing such provisions including sanctions for noncompliance: PROVIDED, HOWEVER, that, in the event a consultant becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Consultant may request the State to enter into such litigation to protect the interests of the State. c O VM Em C o -w- w p s / Inst. NoJI LH HTTo R !a...-- ....-------- -- ---------77-._. im �. _ �_•ti \ 1� - ><�' lnstoll40'Cont \ Inst. NOJI RH HTTo • i ( �' /�`� �.._.._.. .._.._.._.._.._.._.._.._.._.._.._.._..,,! _.._.._ _ ;� _.._.., .._.. ._.._.._.._.._.._.._.._.._ IF. \` / � � •�.`�` / .\ � O ,, 0 yy Nom ------------ - -------/ \ �i'v�� •�� i• \SFS! 1�Sw� 01 / Retire Truck West of ONo St (by C/ / / \\ Construct 1345 TF i j j�•'1 / 44, �r •SYS \�• / /l Remove Truck fUPRRJ _W/1N09 LH TO / Construct 3330 TFC R ! e i / � t ! t install 40' Cox XI / install Nog LH TO - --.._.._.._.._.._.._................... .. Zee Information provided on this plan hos not been confirmed by Ground Survey •``: • �` Install Nog RH TO acwi.r EX Al • REVISION • BY DATE DESCRIPTION WER �E%1 STING TRACK OK/ TJIp[p UNION PACIFIC ana a pMR s PROPOSED TRACK _ _ r REF. E " Selina Kansas OPTIC CAYOUBDIG 3 e 0210 Us d No.II T R v II fi rk •4 DJS EXISTING Pon _.._.._.._.._.._.._. CAY.a! t'6D0.336-9193 I (/06/01 SIGH FEES PROPOSED ROW onlosoi. eon AS SHOWN I O I Ya ftOn SOIInc Sub IP MS. KDOT Prof. No. 85 K-8307-02 Worth Ohio St. RQ;/rood Spur STA. 0+00.00 BEGIN SOlino, KS. Connecting Track + ESta. 9693+00.00 (UP) /2//4/04 / Ste: 3*i`3' Install Rood Crossi Sta. 3-t75,17.7'(5.40 m) Rt. Install 30" x 36' E. P. (RCP) (750 mm x 10.8 m)�(�d with End Sections X-,R��' 1'. / / ' / Dc 8°20'00.0020' R 688.1557'(209.75 m) R/W Delta 55°22'09..1126' I Temp. Esmt. T .561.054,3'(110.049 m) New RR R/W I" New RR R/W Dc 8°20'00.0020' R 688 1557'(209.75 m) Delta 1 7°51'40.3154" -T944. 65'(287.9618 m) 2 Sta. 12+27 Install Sto.12+50 Install 36' x 36' CRP (RCP) 36" x 36' CRP (RCP) (900 mm x I1.0 m) (900 mm x l l.0 m) with End Section with End Sections STA. 0+00.00 BEGIN I J I, West Leg Wye = +(I New R/W Sta. 9710+32.63 { I Temp. Esmt. ee. CDR. - _ r New R/W Install Temp. Esmt. Road Crossing (By II Sta. 104+52 Install 4-36'x 22'CRP (RCP) C RR (900 mm x 6.7 m) Connecting with End Sect!ons Track I, Sto. 21+50 Install 4-36'x 38' CRP (RCP) Dc 8°20'00.0020' (900 mm x 11.6 m) R 688.1557'(209.75 m) with End Sections Delta 92°25'50.8589' T 717.9883'(218.8428 m) I New RR R/W I I; New RR R/W STA. 35+65.95 END I Connecting Track - I Sto. 4167.94 I I — --- RR TEMPORARY EASEMENTS FOR NORTH OHIO STREET OVERPASS - RR SPUR SALINA, KS 6740/ 5'29 RR Temp. Esmt. 5'(1.5 ml Rt. i��' ice/ •90 RR T Esmt, i 39�(/ L,9'm) Rt..�i TIE -5<5 RR TA< Esmf. 29,0/7.4 sq ft (2 695.8 sq ml --- 6'09.o re . Esmr. - /•29 RR' Tem �� jFxist. RR R/W 3o'(9.I m) Rt. �i I ( 26'(7.9 ml Lt. ' 3.44.36 RR Tem . Esmf. // \ RR Tem Esmt. I 3.79'(/.2 m) Lt. // /3.94 �� 69'(21.0 m) Lt. I.36 RR Tem . Esmt. / // 6142.75 RR Temp \ 29(8.8 m) Lf. 3'(0.9 Exist. RR R—/W f?�tYO ml Lt. \\ _� 5.47.24 RR T i --- TIE Exist. RR RA � 26,803.0 sq ft I , I (2 490.1 sq m) IW —136 RR Tem . Emit. - iI Exist. RR R/W 40.66'f12.4 m) Rt. 5.86.39 RR Qlv Exist. RR R/W 30' (9.1 m) Rt. I gI� 3*43.88 RR Tem Esmf. 2 39.18'(11.9 ml Rt. I 4.30.50 RR Tema Esmt. Exist. RR R/W 30' (9.1 m) Rt. IIt 101L, 27.34 RR Tem Esmf. i 2.62'(0.5 mJ Rt. � i ISI � � (wl I II I I II I II I I II III� to IWI N%Z Sec. 7 T14S R2W I ylz 1=I^ EXHIBIT "B" To An Agreement Between IoIW the I Kansas Secretary of Transportation W IJI and the jL, Union Pacific Railroad Company 34'47 RR TeirWL Esmt. - SWI and the Exist. RR R1W 40.41'(12.3 ml Lt. City of Salina, Kansas II for TIE ft Project No. 85 K-8307-02, 7,815.5 sq) Pro j (726.! sq ml I Saline County I I ----1- --------- -------- —------ 31'90.72 RR Te Es& - Exist. RR R/W 30 (9./ ml Rt. 'This does not constitute a 34,47 RR Temp. Esmf. 5111.5 m) Rt. 33.05 RR Tem . EsrM. legal survey, drawing is for 21'(6.4 m) Rt. informational purposes only.' � I - Not to Scale Agmt. No. 006053080 (New Ohio Street Overpass) AGREEMENT EXHIBIT C This Agreement made and entered into in triplicate as of the day of , 2005, by and between the Union Pacific Railroad Company, a corporation of the State of Delaware, hereinafter called "Railroad", and the Secretary of Transportation of the State of Kansas, acting as agent for the City of Salina, Saline County, Kansas, hereinafter called "Secretary", and the City of Salina, Kansas, hereinafter called "City". WHEREAS, Secretary as agent for City proposes to construct an improvement of a portion of Ohio Street under a project designated by Number 85 K-8307-01; Saline County, Kansas, and the improvement includes construction of a new overpass structure and the removal of the at grade crossing on and across the right-of-way of Railroad, located in Section 12, T14S, R3W and Section 7, T14S, R2W, Saline County, Kansas, as shown on Exhibit 1, attached hereto and made a part hereof, and WHEREAS, the term "improvement" as used in this Agreement, refers to the new Ohio Street grade separated overpass structure at DOT No. 818 384A constructed in accordance with plans approved by Railroad's Assistant Vice President Engineering — Design or his authorized representative and Secretary, and such plans when approved are made a part of this Agreement by reference thereto, and WHEREAS, the parties desire to set forth in this instrument their understanding and agreements relating to the construction, maintenance and allocation of costs of said proposed work and the changes made necessary in connection therewith: NOW, THEREFORE, the parties hereto agree as follows: ARTICLE I In consideration of covenants and conditions to be fulfilled by Secretary and City as hereinafter set forth, RAILROAD AGREES: 1. To give or grant and hereby does give or grant solely to the extent of its interest therein to Secretary, City and its agents and contractors, the right to enter Railroad's property as shown outlined in red on Exhibit 1, for the purpose of location, construction, use and maintenance of the Ohio Street overpass structure on and across Railroad's right-of-way, tracks and other facilities in accordance with plans and specifications as approved by Railroad and Secretary. Railroad reserves, however, to Railroad its successors, assigns, tenants or lessees, the right to construct, operate, rearrange and maintain along, above or across said right-of-way, such tracks, pipelines, communication lines, signal lines, electric lines and such other facilities as Railroad, its successors, assigns, tenants or lessees may from time to time find necessary or convenient, as will not unreasonable interfere with the use of the premises for said improvement. 2. To furnish, at Project expense, and at no cost to Railroad, all labor, materials, tools and equipment and to perform the work described in Railroad's Material and Force Account Estimate(s) that are marked Exhibit 2, attached hereto and hereby made a part hereof. It is understood and agreed that no work shall be done by Railroad until such estimate has been approved by Secretary. All work to be done hereunder by Railroad shall be done by Railroad's employees working under Railroad Labor Agreements and shall be done on a force account basis, or by contract, subject to the provisions of 2 3 C F R Chapter 1, Part 646; the cost thereof to be paid to Railroad by Secretary in the manner hereinafter set forth. 3. Railroad shall set up with Secretary's Contractor a Railroad Standard Cost Accumulation Account number and process to cover Railroad flagging that will be needed in connection with Contractor's work on Railroad's property. Railroad will bill Contractor directly for flagging costs. Prior to making final payment to Contractor, Secretary shall require Contractor to furnish evidence to Secretary that Contractor has paid all charges due from Contractor to Railroad. 4. To present insofar as possible final detailed and itemized statement for work performed by Railroad at expense of Secretary within one hundred twenty (120) days after completion thereof, such statement to be on the basis of detailed and itemized cost for items set forth in the estimate therefor, and in accordance with and subject to the terms and provisions of 23 C. F. R., Chapter I, Subchapter B, Part 140, Subpart 1. Railroad may present periodic itemized progress bills to Secretary for work as completed. Final payment will be made i n the amount of the difference between the sum of the monthly payments made and the itemized audited statement for the total amount of the work performed by Railroad upon completion of the work. I n the event of overpayment, Railroad shall refund to Secretary such excess. Items of temporary material removed and not re -used on the project shall be credited to the cost of the project in accordance with 23 C. F. R., Chapter I, Subchapter B, Part 140, Subpart I. Any preexisting material being removed as part of the project shall not be credited to the cost of the project. 5. To act in full compliance with the "Special Attachment" (consisting of three pages) related to Title VI of the Civil Rights Act of 1964, said "Special Attachment' affixed hereto and made a part of this Agreement. G UAWADWAR5KJOISalina Track Connection Final 04-22-05. doc 2 ARTICLE 11 In consideration of the covenants and conditions to be fulfilled by Railroad and City as herein set forth, Secretary AGREES, at Project cost and expense and at no cost to Railroad: 1. To prepare all specifications that are needed for Railroad's review that have not been prepared by City including special provisions, and review all detail plans for the improvement involving the property of Railroad, which plans and specifications shall be submitted to Railroad for its approval. Such plans and specifications shall be approved by both the Assistant Vice President Engineering — Design of Railroad, or his authorized representative and by Secretary before any contracts are awarded by Secretary and before any work is done by Railroad. All construction and work done by the parties shall be in accordance with the final one hundred percent (100%) approved plans and specifications. 2. To furnish or cause to be furnished all labor, materials, tools and equipment and to construct the improvement, except such work as is to be performed by Railroad, in accordance with the approved plans and specifications. To require Secretary's Contractor, in respect to its work performed upon, over or under Railroad right-of-way, to procure and keep in effect, at Project cost and expense and at no cost to Railroad, the following insurance coverage: A. Worker's Compensation and Employer's Liability Insurance. Insurance coverage as recognized by the Commission of Insurance of the State of Kansas. B. Commercial General Liability Insurance. Insurance that includes Comprehensive Form, Premises -Operation, Underground Hazard, Products/Completed Operations Hazard, Contractual Insurance, Broad Form Property Damage, Independent Contractors, and Personal Injury with a single limit of at least $1,000,000 each occurrence or claim and an aggregate limit of at least $2,000,000 and be purchased on a post 1998 ISO or equivalent form. C. Automobile Liability Insurance. Insurance that includes Comprehensive Form, Owned, Hired and Non -Owned with a minimum combined single limit of $1,000,000 for Bodily Injury and Property Damage. Such insurance shall cover all hired or rented equipment and operators thereof. D. Railroad Protective Liability Insurance. Insurance naming only Union Pacific Railroad Company as the insured with a combined single limit of $2,000,000 per occurrence with a $6,000,000 aggregate. The policy shall be broad form coverage for "Physical Damage to Property (ISO Form CG 00 35 07 98 or equivalent). A binder stating the policy is in place must be furnished to Railroad until the original policy is forwarded to Railroad. G'\LAWADM\PAR\KJO\Salina Track Connection Final 04-22-05 doc E. The above insurance shall be maintained in force while Contractor is performing any work on Railroad's property and until (i) Contractor removes all tools, equipment and materials from Railroad's property, (ii) Contractor has cleaned up such portions of property to Railroad's satisfaction and (iii) Contractor has fulfilled all obligations under its contract with Secretary. However, the insurance contracts covering the above insurance coverage shall cover claims for such length of time as said claims are permitted by law. F. If any part of Contractor's work is subcontracted, then the subcontractor shall obtain the insurance coverage described above, or Contractor shall provide similar insurance on behalf of the subcontractors to cover their operations. 4. Secretary, his contractor and agents, will give ten (10) days' written notice to Railroad's Manager of Track Maintenance at Salina, Kansas, before commencing work in connection with the improvement upon or adjacent to Railroad property. Secretary, his contractor and agents, shall not discharge any explosives on or in the vicinity of Railroad's property without the prior written consent of Railroad's Assistant Vice President Engineering — Design or his authorized representative. 5. To require all work on said project to be performed in a manner that will not endanger the safety of Railroad or unduly interfere with the operation thereof. If, in the reasonable opinion of Railroad, the operation of Secretary's Contractor is endangering the safety of Railroad's operation, Railroad may immediately order the termination of further work on Railroad's premises without liability on Railroad's part until the dangerous condition has been corrected. 6. To reimburse Railroad promptly upon receipt of properly computed and compiled statements for cost(s) incurred for work done by Railroad in accordance with the provisions of this Agreement. PROVIDED, HOWEVER, the cost of the work as set forth in the estimate required by Article I, Section 2, is an estimate only and it is understood that Secretary will reimburse Railroad on the basis of actual costs incurred by Railroad. Secretary shall not have any liability for or obligation to pay for any work done by Railroad unless statement therefore is presented to and received by Secretary before the expiration of one year after the day of completion of all work done by Railroad in accordance with the provisions of this Agreement. Railroad shall not be responsible for Secretary's billing errors should said errors fail to notify Railroad of the completion of the work. In the event Secretary shall for any reason cancel or terminate his contract and abandon the construction of said roadway or in the event Secretary's Contractor shall stop work thereon for a period of sixty (60) calendar days, other than seasonal suspensions authorized by Secretary, for reason over which Secretary or Contractor has control, and Secretary has not prepared to relet or resume work under the contract; Railroad within a period of one hundred and eighty (180) calendar days of work stoppage, Railroad shall have the right to restore its property to the condition existing prior to commencement of work on said roadway. Secretary agrees to reimburse Railroad for all expenses incurred by G:UAWADMtPAR1KJOkSalina Track Connection Final 04-22-05. doc 4 Railroad for such restoration by Railroad. 7. (a) Fiber optic cable systems may be buried on Railroad's property and protection of the fiber optic cable systems is important. Contractor 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, 7 -day number for emergency calls) to determine if fiber optic cable is buried anywhere on Railroad's property to be used by Contractor. If it is, Contractor will telephone the telecommunications company(ies) involved, make arrangements for a cable locator and, if applicable, for relocation or other protection of the fiber optic cable. Contractor shall not commence any work until al such protection or relocation (if applicable) has been accomplished. (b) To the extent allowed by law and subject to the provisions of the Kansas Tort Claims Act, K.S.A. 75-6101 et seq., Secretary shall indemnify and hold Railroad harmless from and against all costs, liability and expense whatsoever arising out of any act or omission of Secretary, his contractor, agents and/or employees, that causes or contributes to (1) any damage to or destruction of any fiber optic cable systems on Railroad's property, and (2) any injury to or death of any person employed by or on behalf of any fiber optic cable company, and/or its contractor, agents and/or employees, on Railroad's property. ARTICLE 111 In consideration of the covenants and conditions to be fulfilled by Railroad and Secretary as hereinafter set forth, CITY AGREES, at Project cost and expense and at no cost to Railroad: 1. To prepare all detail structural plans for the overpass structure and its appurtenances, which plans shall be submitted for review and approval by both the duly designated representative of Railroad and Secretary. 2. To maintain, repair, renew and reconstruct the entire overpass structure and its appurtenances without cost or expense to Railroad and in a manner satisfactory to the Federal Highway Administration, United State Department of Transportation, or their authorized representatives. 3. If the overpass structure, or any portion thereof, is abandoned or Secretary and City no longer need it for pubic highway purposes, City, at its sole cost and expense, shall remove the structure from Railroad's property to the satisfaction of Railroad's Assistant Vice President Engineering—Design or his authorized representative. The demolition and removal plans must be approved by Railroad's Assistant Vice President Engineering—Design or his authorized representative before City's Contractor commences any work. In addition, City's Contractor must sign Railroad's then current Contractor's Right of Entry Agreement and obtain the insurance coverage described therein prior to commencing any reconstruction, demolition and/or removal work. G\LAWADM\PAR\KJO\Salina Track Connection Final 04-22-05.doc 5 4. To secure or cause to be secured all highway right-of-way required for or incident to the proposed improvement, including any right-of-way required for borrow right, except that provided for in Section I of Article 1 hereof. 5. To make any and all arrangements with Railroad and others that may be necessary for the location and relocation of wire lines, pipelines, and other facilities not owned by Railroad; PROVIDED, HOWEVER, that Railroad shall cooperate with Secretary to (a) make such changes and rearrangements in its fences, communication lines, signal lines, signals and other facilities as may be necessary, and (b) Secretary shall arrange for any changes and rearrangements in the wire lines, pipelines, or other facilities of Railroad's tenants or lessees as may be necessary on account of the construction of the improvement to be made, and shall pay any compensation required because of such changes and rearrangements. PROVIDED, HOWEVER, that no such changes and rearrangements shall be made on Railroad's right-of-way until after the arrangements and plans have been approved by Railroad's Assistant Vice President Engineering—Design or his authorized representative. ARTICLE IV SECRETARY CITY AND RAILROAD MUTUALLY AGREE: 1. That all work contemplated in this Agreement shall be mutually scheduled and coordinated, commenced promptly and completed without undue delay. All work shall be performed in a good workmanlike manner. 2. The parties hereto agree that benefits will accrue to Railroad pursuant to the provisions of 23 C. F. R., Chapter I, Part 646, due to the elimination of the at -grade crossing at Ohio Street (DOT No. 818 384A). As provided in Section 3 of the separate three party agreement among Secretary, Railroad and the City identified in the Secretary's records as its Agreement Number 006053073, Project No. 85 K-8307-02 (the "Track Connection Agreement"), , Railroad's contribution pursuant to 23 C.F.R. 646 shall be Railroad's construction, at its sole cost and expense, of the portion of the Track Connection to be constructed by Railroad as set forth in Section 5 of the separate two party agreement between the City and the Railroad identified in Railroad's records as Folder 2263-13. City and Secretary confirm that such work by Railroad fulfills Railroad's contribution as described in the Track Connection Agreement. 3. The books, papers, and accounts of the parties hereto, so far as they relate to items of expense, labor and materials, or are in any way connected with the work herein contemplated, shall at all reasonable times during regular office hours be open to inspection and audit by agents and authorized representatives of the parties hereto and of the Federal Highway Administration for a period of three (3) years from the date final payment has been received by Railroad. 4. This Agreement shall be binding upon and inure to the benefit of Railroad, its successors and assigns, and upon and to the successors and assigns of Secretary and upon and to the successors and assigns of City. G-LLAWADM\PAR\KJO\Salina Track Connection Final 04-22-05_doc 6 5. That all disbursements required by this Agreement shall be from funds allocated by City and Secretary. DEBRA L. MILLER SECRETARY OF TRANSPORTATION Bv: G. DAVID COMSTOCK, P.E. DIRECTOR OF ENGINERING AND DESIGN UNION PACIFIC RAILROAD COMPANY By: _ Title: ATTEST: THE CITY OF SALINA By: _ CITY CLERK Title: GALAWADM\PAR\KJO\Salina Track Connection Final 04-22-05.doc 7 up Metal ... t' � ��\• 111 i a Scrap '. x .17,� � 'Salina �Irtk i R/W-R-RR R/W `3 , `.., tt, \ Aletdl.CorlPlfhan \': 'Gravel i1Fl/4 (l!��(4/6.490'1 � � J, '., ' ` t _ - � �'ra�•.'n ..`�C C m —1.? r. J1GcaJe1,, 1 `t`(~,% pec."}2 F 4S R34Y J"'P` Can NORTHEAST! 37i INDUSTRIAL PARK{ ; t �� _ _ ---_. wernce D. iQWettU1A Block 2 -- - - - : " 1 \t cz I. lrtheastInduSfriol'Pdrk it Block Ji'l�lY ` t`tl \ i :r J7r.4 , --Gas Gee Akar 'P0. 2LOW_ - d.6 F-- %/alar -------------- Yard --. Yard Hydrant G°nst. Limit r W. f2 RM -Exist. R/WI o =� f 28'1 j �im Canc. Bldg. + 3 I Bldg. i I 7 N I Lar'l ! Bldg. ....—l__ +491.456 R/W=Eixist. !R/W 5rm-F49�5 'J € Conc. Michael R. Bahnmaier g7 Part of Lot 2 Blk. 3 �' + Salina�Mini-Storage LP Northeast Part of 'Lot / Blk. J Industrial Park Northeast Industrial Park a r •jlj iwi{an '•` �L H 13 ,l l ,l � ttil,`�`•1' �-'-moi `•\ ` 1i . *mer &David '.\ Tract in NEV4 p i a Sec. 12 TI 4S R2W o t l+, �o� tt Const. Limits Pi�t�l •` l `. t--------- 110.5 W 2 ` i \ + Switch '� +:l \ \ R.R. Lights 510 111 Fft:, q % V-6tt - Seal Lir t+510.647 -Exist. R/W Gravel /.?,,1192 m (40.000') w(tch tl''• ,tuned x y \Obscure r-TowarDense 8rV? red Extension Sidi TFaek �. i � ; fl..- ��E), Curb LZ ALL —40, C b E�s — �r J. 451 n'*ir ,_ urb �vr O..J56 CM w. .l:. r'.' ,?I i!('!' }✓:y�, :11 .T:!' hl. H. �•It d 37 [ Curb —--�- -« ~` L5Xisr Wd -12.1 2 m �f4Q'1 1 37 z------ -- j Const. Li, is • �� —•- +805.546 Temp. smt.-Exi; CIC• I /2./92 m (40')1 \ `•Grave i` CXo-c.3.Bldg• Bldg%. ± _+673.7Z 7Tortsl1I A'�II II ,.i ' _ II I Graver,? 1 l gvestment! f.ing !` ?` II II� \ �;',\ �! i .. +'•� , Troc d Lot /4 Golden Acres SSubdivision c Ott oil Co. Inc. 4 ra - Tract in NW%4 Sec. 7 T14S R2W Sta. 10+604.080 Construct 16.7 - 3 a 28.0 - 38.7 - 18.7 m PBMC 15.850 m Roadway 2/'40' Skew Lt. .T 1 I R/W ;� r EXHIBIT MZ=- / To An Agreement Between the Kansas Secretary of Transportation and the Union Pacific Railroad Company and the City of Salina for Project No. 85 K-8307-01 Saline County Scale 1:1000 .. - cant +680.257 R/W-R-Rf�.•R6W ; I-... +788.155 R/W-2-Exist. R/W /` 126.946 m,,4416.490')1---__1, ` cafw. - --127.568 m (4 .5.371J F i � t:1. sI ,. r__J I� m B g' . i Const. Limits Const. Limitsr C Proposed ...%mprwemenll.l__1 and f�rofile Grade Line _ _ �' x .3".tip _ -Ij� I. .Y -°i' - •-- --- -------=ma=r •G .. i ` Ben J. & Lavle F.'ick r " - Lots 28. 29.30. JI. & Lot 27 Less W. 2IJ_tr - rc •l E x :7/. Q All in Block 2' 91 dale Addition - L. P. C. J \, r--- , y \Obscure r-TowarDense 8rV? red Extension Sidi TFaek �. i � ; fl..- ��E), Curb LZ ALL —40, C b E�s — �r J. 451 n'*ir ,_ urb �vr O..J56 CM w. .l:. r'.' ,?I i!('!' }✓:y�, :11 .T:!' hl. H. �•It d 37 [ Curb —--�- -« ~` L5Xisr Wd -12.1 2 m �f4Q'1 1 37 z------ -- j Const. Li, is • �� —•- +805.546 Temp. smt.-Exi; CIC• I /2./92 m (40')1 \ `•Grave i` CXo-c.3.Bldg• Bldg%. ± _+673.7Z 7Tortsl1I A'�II II ,.i ' _ II I Graver,? 1 l gvestment! f.ing !` ?` II II� \ �;',\ �! i .. +'•� , Troc d Lot /4 Golden Acres SSubdivision c Ott oil Co. Inc. 4 ra - Tract in NW%4 Sec. 7 T14S R2W Sta. 10+604.080 Construct 16.7 - 3 a 28.0 - 38.7 - 18.7 m PBMC 15.850 m Roadway 2/'40' Skew Lt. .T 1 I R/W ;� r EXHIBIT MZ=- / To An Agreement Between the Kansas Secretary of Transportation and the Union Pacific Railroad Company and the City of Salina for Project No. 85 K-8307-01 Saline County Scale 1:1000 5/3/2005 G1AIl\Electrical02\Estimates\2002\-5115635 EXHIBIT 2 CONTRACTOR Location and Facility:Salina, Ks. East Yard Lighting Date: 04/15/05 Subdivision: ??' Mile Pole: ? Station No: ? Segment: ? Est By:Rodger A. Foy Telephone No:544-2236 Job Acct Description Qty Unit Labor Material Totals Unit Total Unit Total 401 031 Electrical Engineering Contract - Total Estimate Add 3% $1,868 UPRR $3, 500 $3,500 UPRR - Labor Add 235% $8,225 $8,225 Total Electrical Engineering $13,593 402 031 Field Engineering UPRR $1,000 $1,000 UPRR - Labor Add 235% $2,350 $2,350 $3,350 Total Field Engineering 410 031 Electrical Construction Conduits - RGS 2" 100 LF $8.03 $803 $5.80 $580 $1,383 Conduits - PVC 2" 300 LF $4.01 $1,204 $2.31 $693 $1,897 Wire - 600Volt - THWN # 2/0 AWG 1000 LF $1.24 $1,244 $1.13 $1,130 $2,374 ACSR Triplex # 2 AWG 1500 LF $0.72 $1,082 $0.58 $872 $1,955 Ground Rod(s) Rod 5/8" x 8'-0" 8 Ea $78.43 $627 $17.55 $140 $768 Panelboards 225A - 42 circuit 1 Ea $1,288.55 $1,289 $3,100 $3,100 $4,389 Lighting Roadway Luminaire (400W) 7 Ea $163.98 $1,148 $465 $3,255 $4,403 -Mounting Arm (2.5') 7 Ea $45.10 $316 $54 $376 $692 -Dual Element Lamp (400W) 7 Ea $11.28 $79 $21 $147 $225 Photoelectric Cell 7 Ea N/A N/A $8 $58 $58 Power Distribution Wood Pole - 45 Ft, class 3, roofed 9 Ea $514.72 $4,632 $286 $2,570 $7,202 Down Guy Anchors 4 Ea $563.75 $2,255 $375 $1,500 $3,755 Directional Bore 36" deep 300 LF $10.00 $3,000 $6 $1,800 $4,800 Miscellaneous UP watchman 5 Daily $250 $3,000 N/A N/A $3,000 Utility Company Service 1 Ea $3,000 $3,000 N/A N/A $3,000 Tower Demolition 1 Ea $8,000 $8,000 $8,000 Subtotal Electrical Construction (Labor + Material) $47,900 Overhead & Profit 20.0% $9,580 $9,580 MSE 10% $4,790 $4,790 Geographic Factor: 0% $0 $0 $62,270 Total Electrical Construction: 1 Total Engineering and Construction: 1 $79,213 1 of 1 04/27/2005 15:24 816-245-2864 UPRR ENGR ESTIMATE or MAR'ERIAL Am FORCE ACCOUNT WORK BY THE MUCH PACIFIC VJULF0AD PAGE 01/01 EXHIBIT 2 DATE: 2005-04-27 DF,SCRIPTION of WORK: 2005 GRADE CROSSING RLTIREMENT M.P. 185.27 9ALYNA suwlvls%ON OHIO STREET, SAT -INA, KS. DOM 922092L ROVE 240 T_F_ OF ROAD CROSSING COST: 100t STATE OF xANSAS (STANDARD) PID: 52591 AWO: 53830 MPrSST�` Ks165.27, SAUNA SERVICB UNIT: 14 CITY: SALIVA DESCRIPTION QTY UNIT LABOR MATERIAL RECOLL Upm TOTAL L-- ---- --"--- ---- ---------- ----- ----- ENGnw,wiNG WORK LA90R ADDITIVE 2358 SIGNAL WORK LABOR ADDITIVE 2358 MATL STORE EXPENSE SALES TAX SIGNAL TOTAL SIGNAL TRACT, & SURFACE WOTM BILL PREF cawMACT ADV WAMgING zQ=P RENTAL W/OPER LABOR ADDITIVE 23516 RDXING TOTAL TRAM. & SURFACE 500 500 500 1175 1175 --- 1175 --------- -------- 1675 ----^--- 1675 1675 909 909 909 1 1 1 2 2 2 386 50 436 ----^ 436 ^ 1x95 ---may-53 ---`1348 1348 900 900 900 1000 1000 1000 1000 1000 1000 5928 5928 5928 4330 4330 N 4330 --10258 ^-2900 y13158 13158 -13228 2953 -------- LA$oR/�iTERIAL NSE 16181 ----.-0 -------_ R'LCOLLECTIBLE/upsvR EXPENSE 16181 ESTIMAM PROTECT COST 0 EXISTING REUSEABIZ MATERIAL CREDIT 0 SALVAGE yOM SEABLB MATERIAL CPMIT-------- RECOLLECTIB= LESS cREDIWS THE ABOVE I'IGLIRES ARTS ESTID TEs ONLY Am SUH.7ECT 7'O FI.IICTCTATICyN. IN R'HE EVENT Ob' AN INCRJEASE OR DEC $ IN TEE COST OR QUANTITY OF 1u�fn4�F.tQTAL OR LABOR REQDiEtF.D r UP'RR MLL -BILL F'OR ACTUAL CONSTRUC'rIca COSTS AT THE CURRENT Mrm T'IVS RATE. I 04/27/2005 15:23 816-245-2864 UPRR ENGR D=z 2005-06-15 SgTIMA'Tn OF jgkTERMAI+ ANT] FORCE AC(33 QT 1KSt1C )3Z TSB O=ON PACIFIC RArUMAD nEMt IPPI= OF WORK: RgM= laallMr C DSSXW 141iQQM 64$'1'M IS ASSOCIAT3: K W -L P CL08un OF v&-C.'R= CRog$IIOa. OHIO b'TORKT. SAL31m, XNWAS. Mr 185.27 SAL -19L =r4IS=. SiCtqeL PRAjBCT MA1 :8. L. MARTIN 9-544-4592 PID! 52590 AMa 53829 mp,Stl1E lvt 1$5.27, SAY.7C101 SERWCE UAI'T: 14 CITY: SA1,13M STATE: &S DRScRmFr=ff Off UMT LAB= mAmw m REaXL UPBR TOM STCNAL Wm XT74 1774 1774 .519= 400 900 900 SILL PREP 034 4734 LA80R ADIMITI98 177 4734 P sw 1300 1500 -------- -------- 1500 -- ----- T MAL gid --. ----------- 7408 1500 8908 8908 '1408 1500 -------- 2+AgOR%bfAz�IA=+ BXFE�IS1;------- iO3Omi.8CTIa$/OPRP- Maw= 8908 0-------- ggTl omm PROJECT COST 8909 »STna Fjmz=E bQ1MIAL CRM= 0 SAWAM HCHOSERBIR Oai 77MIAL C'KW'T 0 RBcQ&ImCTxBLa 1.838 C&HOITS AUM FICxi = MM BSTI4AT9S CULY AM SUB3'ACl To F%MC=TI04Q. IN WR SV= OF An DABS ce Dg(=Am Inr Tm C08T opt ocgwmr OF MTIMM CR YJ18C8. Itzac=wj UPRR WJML RIIA P= AL -=L CMSZRUCTYGT4 COSTS AT M CufiFMT SFBSCRSVZFAT8- PAGE 01/01 EXHIBIT 2 N Ohio Street Grade Separation Project City of Salina WCI File X2 410 014 Projected Project Costs to Date Date: Jun//05 By: TME Item Total Cost Share Breakdown KDOT CITY UPRR Construction Costs RR Spur Gradin Low Bid $599,477 $494,569 $104,908 $0 Road, Bridge & Drainage Est $9,928,037 $8,190,631 $1,737,406 $0 Ballast & RR Tracks (Est) $1,688,000 $0 $0 1$1,688,000 subtotals $12,215,514 $8,685,199 $1,842,315 $1,688,000 Construction Engineering Costs RR Spur Grading $36,887 $30,432 $6,455 $0 Road, Bridge & Drainage st 15% $1,469,000 $1,211,925 $257,075 $0 Ballast & RR Tracks N/A $0 $0 By UPRR subtotals $1,505,887 $1,242,357 $263,530 $0 Right -of -Way Costs Acquisiton & Relocation Costs v- $4,061,340 $3,350,606 $710,735 $0 Demolition of Existing Buildings $180,000 $148,500 $31,500 $0 Acquistion & Legal Services $432,660 $356,945 $75,716 $0 subtotals $4,674,000 $3,856,050 $817,950 $0 Utility Adjustments Estimated Costs $95,000 $78,400 $16,600 $0 Survey & Design Current Contracts $1,409,599 $0 $1,409,599 $0 Subtotal $19,900,000 $13,862,006 $4,349,994 $1,688,000 Ad'usment for Mors Maximum $ $1,562,006 $1,562,006 $0 Subtotal $19,900,000 $12,300,000 $5,912,000 $1,688,000 Temporary Bond Interest $300,000 $0 $300,000 $0 1$20,200,000 1$12,300,000 Total $6,212,000_ $1,688,000