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ped overpass 81 overpassa 'TKE-CITY OF SALINA, KANSAS PURCHASE ORDER VENDOR'S COPY -MAIL WITH ORIGINAL State mo=w Cammi"Im of mmm TO: TCP*kas Sums -I Ship To . CITY OF SALINA,-.KANSAS ATTENTION or % DEPARTMENT ORDER NO. 4 1177 CHECK NO. W2 DATE PAID 22-4-64 DATE DBC. 4s V t FUND CHARGE (>lenerai Operating Rise. CODE AMOUNT QUANTITY .. DESCRIPTION UNIT PRICE AMOUNT THE CITY OF SALINA, KANSAS APPROVED CITY MANAGER JOHN ANDERSON, JR., Governor to r4 State Highway Commission of Kansas � ADDISON H. MESCHKE, Director of Highways KANSAS WALTER JOHNSON, State Highway Engineer STATE OFFICE BUILDING TOPEKA, KANSAS 66612 November 24, 1964 81-85 U 043-2 (24) City Clerk City Building Salina, Kansas Dear Sir: MILFORD GAASSBERGER Rodmd Pa k JOHN A. ERICKSON Clay Ccnm J. REX DUWE Lucca RAY SHEPHERD Fort Swtt W. W. FRIZELL Lamed JOHN A. HINEMAN Dighton We enclose, herewith, our Statement of Estimated Cost of the pedestrian overpass to be constructed under the above project number on Highway US -81 at Salina. According to our agreement dated May 25, 1964, the city has agreed to pay fifty per cent of the construction and engineering costs of the overpass. You will note from the statement that fifty per cent of the estimated cost is $20,094.91. This amount should be sent to us as soon as possible in order that your funds will be available to pay your share of the costs as they are incurred. Yours very truly, R. D. PLUMMER CONTROLLER BY: L. R. BALLARD ROAD COST ENGINEER LRB: 1r Encl. cc: Warren Kinnett JOHN ANDERSON, JR., Governor �Ue State Highway Commission of Kansas��` ADDISON H. MESCHKE, Director of Highways wMLtf WALTER JOHNSON, Stats Highway Engineer STATE OFFICE BUILDING TOPEKA, KANSAS 66612 August 3, 1964 81-85 U 043-2 (-) City of Salina Saline County Mr. Harold E. Peterson City Clerk City Hall Salina, Kansas Dear Mr. Peterson: MILFORD GRASSBERGER Rodend Park JOHN A. ERICXSON Clay C .w J. REX DUWE Lv RAY SHEPHERD Port Seat W. W. FRIZELL Lamed JOHN A. HINEMAN Dish= I am sending you revised sheets numbered 4, 8, 12 and 18 to the plans for the above project. These changes were made necessary by the change to metal handrail and by the addition of notes pertaining to the storm sewer and other utilities in the vicinity of the structure. Please place these revised sheets into the set of plans which you have on file and destroy the old sheets. If you have further questions on these plans or the project, please feel free to call upon us. Very truly yours, Eugene R. Hiatt Engineer of Urban Highways W. H. 099 Engineer of Urban Planning WHO:rh enc. JOHN ANDERSON, JR., GovernorMMFORD CRASSBERGER �qp c R.dmd Park State Highway Commission of Kansas`= JOHN A.ERICRSON MY Cmw g J. REX DUWE Luca. ADDISON H. MESCHKE, Director of Highways NAgS►S RAY SHEPHERD Pon Scan WALTER JOHNSON,'State Highway Engineer W.�� IZELL 1OHN AINEMAN STATE OFFICE BUILDING TOPEKA, KANSAS 66612 July 22, 1964 81-85 U 043-2 (-) Pedestrian Overpass City of Salina Saline County Mr. Harold E. Peterson City Clerk City Hall Salina, Kansas Dear Mr. Peterson: I am sending you completed plans for the above project for you to keep on file. As you know, the City Agreement for the project states that the plans, when approved by the City and by the Commission, become a part of the agreement. Consequently, we would appreciate a letter expressing the City's approval of these plans at such time as they can be studied and approved. Thank you for your early consideration of this matter, and if you have any questions concerning the plans or the project, please feel free to call on us. Very truly yours, Eugene R. Hiatt Engineer of Urban Highways W. H. Ogan " Engineer of Urban Planning WHO:rh enc. cc: Mayor 0. L. Tucker H. F. Harper, City Engineer JOHN ANDERSON, JR., Governor :•ut,�� State Highway Commission of Kansas a ADDISON H. MESCHKE, Director of Highways KANLaS WALTER JOHNSON, State Highway Engineer STATE OFFICE BUILDING TOPEKA, KANSAS 66612 June 16, 1964 Agreement No. 18-64 81-85 U 043-2 (-) City of Salina Saline County Mr. Harold E. Peterson City Clerk City Hall Salina, Kansas Dear Mr. Peterson: GEORGE W. GAGE. JOHN A. ERICKSON Clay Omw J. RLEX DUWE RAY SNEPHERD Fon Smn W. W. PRZE.L Lvn.d JOHN A. MNEMAN Dlahm We are enclosing herewith your fully executed copy of the agreement for the above numbered project. Additional copies of this agreement will be furnished if requested within two weeks of this date. After that period all extra copies will be destroyed. Very truly yours, fugR. Hie Engi eer of Urban Highways ERH:rh enc. I D. E. Lindberg Clerk -Business Mgr. OFFICERS Kenneth R. Ryan President Mrs. L L. McAninch V. Pres. rZI BOARD of EDUCATION P.O. BOX 808 •• PHONE TAylor 3-4571 cSa,&+aa, /�a*zba5 June 11, 1964 H. L. Glover R. L. Kauffman Ben A. Sellers Delbert Miller 6/4c+ Mr. Norris Olson, City Manager City Hall Building Salina, Kansas Dear Mr. Olson: Your letter of May 22, 1964 in which you informed the Board of Education that an ordinance authorizing the Mayor to sign a contract agreement between the City of Salina and the State Highway Department for the erection of a pedestrian overpass at U.S. 81 Bypass and Hageman Avenue was placed on first reading at the City Commission meeting on May 18, was called to the attention of the Salina Board of Education. Your letter further indicated that the estimated cost of this project was $30,000 with the State Highway Department and the City of Salina sharing equally in the cost. Your letter also suggested that the Board of Education should share in the cost of this project. Since this is a most unusual expenditure of Board funds I was instructed to get an opinion from the Board attorney, Mr. James Mize. .In a letter to the Board Mr. Mize informed the Board that the Kansas statutes are not specific in providing for such expenditures by boards of education. He alludes to one statute that could possibly be interpreted as making the expenditure of Board funds for such a project legal. He goes on to state that - "I find no decision of our Supreme Court construing this statute. Under such circumstances, I believe that you should first secure an opinion from the Office of the Attorney General which affirmatively indicates that this statute authorizes the Board of Education to participate in such an expense as is involved." Such procedure would delay the erection of such an overpass for an indefinite period. After studying the opinion by James Mize, Board attorney, the members of the Board in regular meeting assembled on June 8, 1964 voted unanimously to disapprove your suggestion that the Board of Education share in this expense. Page #2 - Norris Olson We have contacted several schools in Kansas and we find no precedent for such an expenditure by a Board of Education. All whom we contacted were of the opinion that such an expenditure right- fully should be borne by the City and the Highway Department. May I respectfully call to your attention that the levy for schools here is considerably higher than for the City of Salina. The 1963-64 levy for schools in Salina is as follows: Bond and Interest Fund 7.15 General Fund 21.16 Social Security 1.47 Teachers' Retirement .20 Building Fund 1.89 Total 31.8-7 The school tax for Salina taxpayers also includes the General County High School levy of 4.47 mills and the General County Elementary School levy of 1.916 mills. This makes a total levy for schools in Salina 31.87 + 4.47 + 1.916 = 38.256 mills. If my figures are correct the total City of Salina property tax levy is 24.92 mills, or 13.336 mills less than is levied for public schools. We recognize that improve- ment taxes are also added to the total city tax in many areas of the city. The Board of Education has on many occasions urged the erection of this overpass as a safety precaution for the hundreds of children who cross 81 Bypass at this intersection. They include students at St. Mary's School, Hageman School and Junior High South. It is the hope of the members of the Board that the City Commission will be able to follow through on this project on the basis of the City of Salina and the State Highway Department sharing equally in the cost. We respectfully urge that the necessary action be taken as soon as possible with the hope that the construction of this overpass may be completed by the time school opens in September. Respectfully submitted, BOARD OF EDUCATION SALINA) KANSAS k. KerVeth R. Ryan, Pr ident I June 4, 1966 State Highway Cammiasiaa of was, State Office Buildings, Topetm,f. M=as, 66612 Geatleaen: In connection with RPS destrian. Overpm. 81*45 V 043-240, yew letter of April 29s 1964, I am enelosinB affidavit of pubYlcation of OMnance Nunber 6790, with two of the agreements signed by the Mayor. Yours vera kVa IEP/P H. E. Paterson Encl. 3 city C]&& STATE HIGHWAY COMMISSION OF KANSAS -Statement-of Estimated Cost_ --- Saline County Project 81-85-UO43-2 (24) City of Salina City has agreed to pay fifty Percent of Construction and Engineering cost of Pedestrian Overpass, according to agreement dated May 25, 1964. Class III Excavation 181 C.Y. 5.00 905.00 Class AAA Concrete 118.7 C.Y. 60.00 $ 7,122.00 Reinforcing Steel 24,430 Lbs. 0.14 $ 3,420.20 Structural Steel 19,660 Lbs. 0.35 $ 63881.00 Bearing Devices 56 Lbs. 2.00 $ 112.00 Concrete Piles ( 10 3/4" ) 1,578 L.F. 5.00 7,890.00 Metal Handrail 541 L.F. 10.00 $ 53470.00 Super Structure Enclosure LUMP SUM 3,000.00 Steel Plate Guard r'ence 275 L.F. 4.00 12100.00 Sidewalk Construction (4") 6 S.Y. 5.00 30.00 Rem. & Reset 24" Storm Sewer 24 L.F. 4.00 $ 96.00 24" Storm Sewer. 24 L.F. 7.00 $ 168.00 Sewer Excavation (Common) 30 C.Y. 5.00 $ 150.00 Chain Link Fence 36 L.F. 2.00 $ 72.00 Corner Posts (Chain link Fence) 2 Ea. 40.00 $ 80.00 End Posts (Chain link fence) 4 Ea. 25.00 $ 100.00 SUBTOTAL $ 36s536.20 Engineering and Contingencies $ 3,653.62 Total Estimated Cost $ 40,189.82 City share 50% of $ 40,189:82 or $ 20,094.91 Affidavit of Publication Following is a true and correct copy of t>I;;DWAHCS N0R= 6790 together with proof of publication of the same. I, AFFIDAVIT Pied Ya3t Opsit being first duly sworn according to law declare that I am the Adveeti6i" manager of the ffelfus Journal a newspaper published in the City of Salina, Saline County, Kansas, and of a general circulation in said city, and continually and uninterruptedly published for more than one year prior to the date of the attached L t�IeAGLl waa 6190 and that said OWMAnOM Number 6790 was correctly published of the date Subr.ribed and sworn to before me Jaaa 4 ,19 64 Notary Public My Commission expires "b"I"Y 160 1968 WNWLIYAT[D-MINA AN ORDINANCE RELATING TO BENEFITS OBTAINABLE BY CITIES UNDER THE PROGRAM FOR FEDERAL AND STATE AID ON HIGHWAY CONSTRUCTION Be it Ordained by the Mayor and City of of the 1. That the Mayor and City Clerk are authorized and directed to execute for and on behalf of the City of , contracts between the City and the State Highway Commission of Kansas, giving the State Highway Commission of Kansas authority to act for the City, and in its place and stead, to obtain for the City such benefits as are obtainable under the program of the Federal and State Aid Plan of Highway Construction, and obtain the benefits of such legislation for the City on the terms and conditions set forth in such contracts as may be prepared and approved by the State Highway Commission. 2. This ordinance shall be in full force and effect from and after its publication in the paper. Mayor Passed on the day of 19� Approved on the day of lg Published on the day of 19_ I hereby certify that the foregoing is a true and correct copy of Ordinance No. of the City of relating to the execution of the attached agreement on behalf of said City. CITY CLERK A G R E E M E N T PROJECT NO. 81-85 U 043-2 (-) PEDESTRIAN OVERPASS CITY OF SALINA, KANSAS Agreement No. 18-64 /T�l s agreement, made and entered into this day of , 19-x° by and between the City of Salina, Kansas, hereinafter referred to as the City, and the State 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 em- powered by the Laws of Kansas to enter into agreements for the construction and maintenance of city connecting links of the State Highway System through the City, and WHEREAS, under terms of the Federal Aid Highway Act and the rules and regu- lations of the Bureau of Public Roads, states and cities are, under certain circumstances, entitled to receive assistance in the financing of the construction and reconstruction of streets and highways, provided, however, that in order to be eligible for such federal aid, such work is required to be done in accordance with the laws of the State and under the direct supervision of the State Highway Commission of such State, and WHEREAS, the City does hereby request the Commission to take such steps as are necessary or by it deemed advisable for the purpose of securing approval by the Bureau of Public Roads of a project for the construction of a pedestrian overpass over US 81 By -Pass, a city connecting link of the State Highway System in said City, which project shall be known as 81-85 U 043-2 (-), and is described as follows: An 87 foot span, welded plate girder, pedestrian overpass, crossing over US 81 By -Pass approximately 150 feet southeast of the junction of Hageman Street and US 81 By -Pass. 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 Commission, 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 18-64 10. 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: ATTEST: 9 CITY -CLERK THE CITY OF SALINA, KANSAS �_�:■�I�.ff�fi._:�.�� THE STATE HIGHWAY COMMISSION OF KANSAS SECRETARY- ul REX I ,. - 3 - A G R E E M E N T PROJECT NO. 81-85 U 043-2 (-) PEDESTRIAN OVERPASS CITY OF SALINA, KANSAS Agreement No. 18-64 T is 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 State 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 em- powered by the Laws of Kansas to enter into agreements for the construction and maintenance of city connecting links of the State Highway System through the City, and WHEREAS, under terms of the Federal Aid Highway Act and the rules and regu- lations of the Bureau of Public Roads, states and cities are, under certain circumstances, entitled to receive assistance in the financing of the construction and reconstruction of streets and highways, provided, however, that in order to be eligible for such federal aid, such work is required to be done to accordance with the laws of the State and under the direct supervision of the State Highway Commission of such State, and WHEREAS, the City does hereby request the Commission to take such steps as are necessary or by it deemed advisable for the purpose of securing approval by the Bureau of Public Roads of a project for the construction of a pedestrian overpass over US 81 By -Pass, a city connecting link of the State Highway System in said City, which project shall be known as 81-85 U 043-2 H. and is described as follows: An 87 foot span, welded plate girder, pedestrian overpass, crossing over US 81 By -Pass approximately 150 feet southeast of the junction of Hageman Street and US 81 By -Pass. 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 Commission, 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 18-64 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. The plans for said project, when approved by the City, the State Highway Engineer and the Bureau of Public Roads, are by reference made a part of this agreement. 2. It is mutually agreed that the project will be constructed within the limits of the existing rights of way. 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, manholes, other utilities and encroachments, publicly or privately owned, which may be necessary to the con- struction of the project in accordance with approved plans. The expense of said removal or adjustment of said utilities and encroachments occupying public right of way shall be borne by the owners. The City agrees to furnish to the Commission a list of existing and known utilities affected, together with locations and proposed adjustments of same, and will initiate the removal or adjustment of said utilities and encroachments, immediately.after receiving notice from the Commission that the contract for the project has been awarded, and it will proceed with reason- able diligence to prosecute this work to completion in order that the contractor shall not be delayed in constructing the project. 4. It is agreed that fifty (50) per cent of the cost of all construction items in the approved plans, including engineering and contingencies, shall be paid for with federal or state funds or a combination of federal and state funds. 5. The City agrees to pay as its share, fifty (50) per cent of the cost of all construction items in the approved plans, including engineering and con- tingencies, and to make such payment to the Commission within thirty (30) days after receipt of proper billing by the Commission. 6. 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. 7. 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 usable and satisfactory manner, except as provided in section 8 below. 8. The Commission agrees to maintain the pedestrian overpass in a satis- factory and safe structural condition and to provide for any necessary maintenance painting of the structure. 9. The City agrees to adopt all necessary ordinances and to take such legal steps as may be required to enforce such ordinances to give full effect to the terms of this agreement. - 2 - 10. 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 -CLERK ATTEST: SECRETARY - 3 - THE CITY OF SALINA, KANSAS MW -f ��i/�� �1 THE STATE HIGHWAY COMMISSION OF KANSAS DIRECTOR GENERAL OFFICES _144/ CITY HALL BUILDING Commissioners Carl R. Rundquist - R. W. Bull Ralph Exline - G. E. Spangler Mayor - Donald Tucker May 22, 1964 The Board of Education Salina, Kansas Gentlemen: Norris D. Olson City Manager An ordinance, authorizing the Mayor to sign a contract agreement between the City of Salina and the State Highway Commission for the erection of a pedestrian over -pass at U. S. 81 Bypass & Hageman Ave., was placed on first reading at the City Commission meeting of May 18, 1964. This agreement provides that the City of Salina and the State Highway Com- mission shall share in the cost of the project on a 50-50. basis. Mr. William Ogan, an Engineer with the State Highway Dept., on May 4, 1964 provided an estimated cost for this project of $30,000.00. On the above, the State and the City are each obligated for an expenditure of approximately $15,000.00 during calendar year 1964. Mr. Ogan also stated that he saw no reason why the over -pass should not be com- pleted prior to the opening of the fall school term. The City of Salina was unaware that this project would be considered by the State Highway Dept. during 1964, and therefore no provisions were made for such an expenditure in the present budget. Because this over -pass will be con- structed primarily for the benefit and safety of the school children and because the City could not provide for such an expenditure in the current budget; the City Commission here formally requests your financial participation in the cost of this project. Very truly yours, rris D. Olson City Manager NDO:ea Member .. League of Kansas Municipalities - American Municipal Association JOHN ANDERSON, JR., Govemor tor�m GEOORRGEE W. GAGE. State Highway Commission of Kansas C ii S a., CM J.REXDUczsoN J. R DU WB u ADDISON H. MESCHRE, Director of Highways KANSAS Y SHEPHERD taFMS WALTER JOHNSON, State Highway Engineer W. W. zE.L o DD,h;.HME)AAN JOHN 81-85 U 043-2 (-) Pedestrian Overpass STATE OFFICE BUILDING City of Salina TOPEKA, KANSAS 66612 Saline County April 29, 1964 Mr.. -Harold E. Peterson City Clerk City Hall Salina, Kansas Dear Mr. Peterson: In response to your telephone request of yesterday, I am sending you three copies of the agreement form covering the work to be performed on the above project. Please present these forms for review and necessary action by the governing body. If the proposed agreement is satisfactory, two copies should be executed on the part of the City and returned to this office for our handling with the Highway Commission. In connection with executing the agreement, the City will no doubt find it necessary to pass an enabling ordinance authorizing the Mayor and City Clerk to execute the agreement. For your convenience we are enclosing one copy of a typical ordinance frequently used by cities on similar projects. We would like to be furnished either a certified copy or proof of publication of such ordinance as the City sees fit to adopt in order to complete our files on the project. Plans for the project are not complete at this time, but we will forward a set to you at such time as they are complete. I intend to be present at your Commission Meeting on Monday, May 4th, at which time i will answer any questions you might have concerning the agreement on the project. Very truly yours, Eugene R. Hiett Engineer of Urban Highways W. H. Og� Engineer of Urban Planning WHO:rh enc. cc: W. D. Wollam, Div. Engr. Wm. H. AVERY, Govemor . State Highway Commission of Kansas ADDISON H. MESCHKE, Director of High -aye KANSAS ~ WALTER JOHNSON, State Highway Engineer STATE OFFICE BUILDING TOPEKA, KANSAS 66612 April 14, 1966 81-85 U 043-2 (24) City Clerk Salina, Kansas Dear Sir: MILFORD GRASSBERGER Rutland Park, Kaman JOHN A. ERICKSON Clay Center. Kama. J. REX DUWE Luca.. Kama, ROBERT D. HARTLEY Baattr SPringa. Kaman ROBERT G. LANGENWALTER Wichita, Kana. JOHN A. HINEMAN Dighton. Kama We transmit, herewith, our Statement of Final Cost of the pedestrian overpass constructed on highway US -81 under the above project number. According to our agreement the City of Salina is to pay fifty per cent of the cost of project and has placed $20,094.91 on deposit with us based upon estimated cost. You will note from the statement that the actual cost exceeded the estimated cost slightly, making an additional $1,840.53 of City funds necessary to cover the full fifty per cent of cost. This amount should be sent to us at your earliest convenience. Yours very truly, R. D. PLUMMER CONTROLLER BY: L. R. BALLARD ROAD COST ENGINEER LRB: Ir Encl. cc: Warren Kinnett Special Project STATE HIGHWAY COMMISSION OF KANSAS STATEMENT OF FINAL COST Saline County Project 81-85 U 043-2 (24) City of Salina Agreement dated May 25, 1964 Class III Excavation Class AAA Concrete Reinforcing Steel Structural Steel Bearing Devices Concrete Piles Metal Handrail Super Structure Enclosure Steel Plate Guard Fence Sidewalk Construction Rem. & Reset 240 Storm Sewer 24" Sotrm Sewer Sewer Excavation ( Common ) Chain link Fence Corner Posts End Posts Pedestrain Overpass x-49.6 118.7 24,430 20,409 55 12807.26 5.41 275 24 24 30 35 2 4 Concrete Piles ( 10 3/40 ) dutoff Pile Splices O.Y. C.Y. Lbs. La. Lbs. L.F. L.F. L.F. S.Y. L.F. L.F. C.Y. L.F. Ea. Ea, 26.74 L.F. 23 Ea. 5.00 60.00 0.14 0.35 2.00 5.00 10.00 LUMP SUM 4.00 5.00 4.00 7.00 5.00 2.00 40.00 25.00 748.00 7,122.00 3,420.20 7,143.15 110.00 9,036.30 5,410.00 3,000.00 1,100.00 30.00 96.00 168.00 112.50 70.00 80.00 100.00 3.00 .6 80.22 20.00 8 460.00 Sub -Total Engineering & Contingencies Total Final Coat City share of coat 50% $ 219935.44 City funds on deposit $ 20.094.91 Difference +1,840.53 $ 38,286.37 $ 5.584.51 $ 432870.88 18-64 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. The plans for said project, when approved by the City, the State Highway Engineer and the Bureau of Public Roads, are by reference made a part of this agreement. 2. It is mutually agreed that the project will be constructed within the limits of the existing rights of way. 3. The City agrees that it will prove 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, manholes, other utilities and encroachments, publicly or privately owned, which may be necessary to the con- struction of the project in accordance with approved plans. The expense of said removal or adjustment of said utilities and encroachments occupying public right of way shall be borne by the owners. The City agrees to furnish to the Commission a list of existing and known utilities affected, together with locations and proposed adjustments of same, and will initiate the removal or adjustment of said utilities and encroachments, immediately after receiving notice from the Commission that the contract for the project has been awarded, and it will proceed with reason- able diligence to prosecute this work to completion in order that the contractor shall not be delayed in constructing the project. 4. It is agreed that fifty (50) per cent of the cost of all construction items in the approved plans, including engineering and contingencies, shall be paid for with federal or state funds or a combination of federal and state funds. 5. The City agrees to pay as its share, fifty (50) per cent of the cost of all construction items in the approved plans, including engineering and con- tingencies, and to make such payment to the Commission within thirty (30) days after receipt of proper billing by the Commission. 6. 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. 7. 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 usable and satisfactory manner, except as provided in section 8 below. 8. The Commission agrees to maintain the pedestrian overpass in a satis- factory and safe structural condition and to provide for any necessary maintenance painting of the structure. 9. The City agrees to adopt all necessary ordinances and to take such legal steps as may be required to enforce such ordinances to give full effect to the terms of this agreement. - 2 -