REIMBURSEMENT AGREEMENT

            THIS AGREEMENT is made and entered into this  day of , 2007, by and between The City of Lawrence, Kansas, (“City”) and the Kansas Turnpike Authority, (“KTA”).

            WITNESSETH:

            WHEREAS, City and KTA are authorized to enter into an agreement pursuant to K.S.A. 68-2004(a)(11) and 68-2090, as amended; and

            WHEREAS, KTA is reconstructing a bridge on Michigan Street, designated as the Michigan Street Bridge, Br. No. 202.261 (“Project”) over the Kansas Turnpike, which bridge is located within the city boundaries of the City of Lawrence; and

            WHEREAS, the City desires that KTA make certain improvements regarding sidewalk construction during the bridge reconstruction, which KTA would not normally make on such project; and

            WHEREAS, the City has agreed to pay for the sidewalk construction at the Project in accordance with the terms of this agreement.

            NOW, THEREFORE, and in consideration of the parties’ mutual promises and covenants, it is agreed as follows:

1. KTA will design and approve the plans for the sidewalk construction desired by the City. City will have the right to approve the final design and plans for the sidewalk construction prior to the bid letting, as well as any change orders occurring during construction that affect the sidewalk portion of the Project.

2.  The City and KTA agree they will cooperate with each other in the construction of the sidewalk portion of the Project, and KTA will make available to the City such documents from the Project as are reasonably necessary for the City to determine what work was performed in relation to the sidewalk and what costs are associated with the sidewalk.

3. City will pay the actual costs for the sidewalk to be determined at the end of the project by mutual agreement between KTA and the City.

4. City will pay to KTA $200,000 within 30 days of the actual bid letting for the Project. The parties agree that $200,000 is the estimated cost for the sidewalk construction desired by the City in accordance with the plans and specifications used for the bid letting for the Project, which includes a contingency.

5. At end of the Project, the parties will meet to reach a final determination as to the actual cost for the sidewalk. If the parties agree the actual cost was less than the amount paid by the City pursuant to paragraph 4, KTA will return the remaining funds to the City. If the parties agree the actual cost was more than the amount paid by the City, the City will pay the additional costs within 30 days of that determination.

6. KTA will have final authority in regard to the bidding, contracting, and administration of the Project.

7. This Agreement will terminate once the final payment or reimbursement required above in paragraph 5 is made.

            IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written.

CITY OF LAWRENCE                                             THE KANSAS TURNPIKE AUTHORITY

____________________________________            ____________________________________

By:                                                                               MICHAEL L. JOHNSTON

Its:

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