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HomeMy WebLinkAbout01 INDOT• INDIANA DEPARTMENT OF TRANSPORTATION PROGRAM DEVELOPMENT DIVISION-LACALIRANSPORTATION SECTION 100 North Senate Avenue IGCN, Room N601 Indianapolis, Indiana 46204-2228 (317) 232-5319 FAX: (317).233-4929 Writer's Direct Line FRANK O'BANNON, Governor J. BRYANNICOL, Commissioner July 6, 1999 The Honorable Thomas Galligan Mayor City of Jeffersonville FAX: (317) 233-4929 PHONE: (317) 232-5317 ~ ~,"~ ~~: f ~- - ~; ~' 501 East Court Ave. ~ -~"~' ~ ~ Jeffersonville, IN 47130 ~~~~~ STP-9910(022) ~ NOV 2 5 2002 RE: Project No: SIB-C730(009), i Veterans Parkway at CSX Railroad _,_v~ Des#: 9880130, 0200590 r~AY©~ THOR4AS !~, GALL9GAN Dear Mayor Galligan: CITY Ofi JEr-FERS~i'1~IfLLE Good news. This and the other railroad work with the bridge will be 100% federal participating. Transmitted herewith are three (3) Copies of an agreement for the above referenced project. Please have the Mayor sign, Board of Public Works sign, Chief Fiscal Officer attest, and Chief Council approve the agreement. A Notary must prepare and apply a seal to the blank acknowledgment sheet. The above must be completed on all enclosed copies and returned to this office for further processing. One fully executed agreement will be returned to the City at a later date. The agreement is only an estimate and will vary based on completion of the work. At this time it must be brought to the attention of the City that upon Railroad Crossing Constriction the City is responsible for the supplying and installation of the Railroad Advance Warning Signs and the Pavement Markings. If this work is not completed, future Railroad Safety Funds maybe withheld. Sincerely, Steph n M. Dilk, Area Engineer Local Transportation Section Program Development Division SMD Attachments CC: File DIA ,~ F - ~ ~ Q tiT DF TRPCl t~~ © O~ b printed on Recycled Paper An Equal Opportunity Employer • http://www.state.in.us/dot/ AGREEMENT COVERING CONSTRUCTION OF ROADWAY APPROACHES CONSTRUCTION OF HIGHWAY-RAILWAY GRADE CROSSING AND INSTALLATION OF GRADE CROSSING WARNING SYSTEM Draft of: Project #: AAR/DOT #: DES #: June 17, 2002 STP-C730 (009) -Road Contract STP-9910 (022) -Railroad Force Account New (unassigned) 9880130 -Road Contract 0200590 -Railroad Force Account THIS AGREEMENT, made and entered into by and between the City of Jeffersonville, acting by and through the Board of Public Works, hereinafter called the "CITY", and CSX Transportation Inc., hereinafter called the "RAILROAD". WITNESSETH WHEREAS, in the interest of public safety and convenience, the CITY desires to construct a new public roadway, at the location which is shown on Exhibit 1; WHEREAS, said new public roadway, identified as Veterans Parkway, will cross the tracks and operating right-of--way of the RAILROAD in Jeffersonville, Clark County, Indiana at the location as shown on Exhibit 1; ' WHEREAS, to accommodate the proposed construction of Veterans Parkway, it is necessary to construct ahighway-railway- at-grade crossing and to install a train activated grade crossing warning system; WHEREAS, the Indiana Department of Transportation will recommend this project to the Federal Highway Administration for construction with the aid of federal funds apportioned to the State as authorized by Title 23, of the United States Code, (Public Law 85-767, 85th Congress) or any other Acts supplemental thereto or amendatory thereof; and WHEREAS, the Indiana Department of Transportation will award the contract and act as liaison agent for the CITY with the Federal Highway Administration (where the word "INDOT" appears in this agreement, it will indicate that the Indiana Department of Transportation is performing an act for the CITY as required by the Federal Highway Administration). NOW, THEREFORE, in consideration of the premises and the mutual dependent covenants herein contained, the parties hereto agree as follows: Page 1 of 8 • SECTION 1. The RAILROAD, insofar as its title enables it to do so and subject to the rights of the RAILROAD to operate and maintain its railroad and railroad appurtenances along, in and over its right-of--way, grants the CITY, its contractors and agents the right to enter upon lands owned and/or operated by the RAILROAD for the purpose of constructing and maintaining the roadway facilities in accordance with the general plans and specifications for Project STP-C730 (009), which are incorporated and made a part hereof by reference. It is understood that the actual conveyance of land or rights, if such are required by Indiana State Law, shall be by means of other instruments to be negotiated between the CITY and the RAILROAD. SECTION 2. Detailed plans and specifications for the roadway construction project shall be prepared by the CITY and approved by INDOT and the Federal Highway Administration. All plans and specifications affecting the interests of the RAILROAD shall be subject to approval by the Chief Engineer of the RAILROAD, or authorized representative, before work is commenced. No changes in the plans or specifications affecting the interests of either party hereto shall be made without the written consent of said party. SECTION 3. The parties hereto shall perform or cause to be performed the following items of work to accommodate the plans and specifications for Project STP-C730 (009): (a) Work by the CITY: (1) The CITY shall be responsible for causing the construction of the roadway, • including all necessary grading, paving, roadway drainage and other drainage made necessary by the construction of the roadway facilities. (2) The CITY shall place and maintain railroad advance warning signs and railroad crossing pavement markings in accordance with the 1988 edition of the Indiana Manual on Uniform Traffic Control Devices for Streets and Highways, and any subsequent amendments, revisions, or supplements thereto. (b) Work by the RAILROAD: (1) The RAILROAD shall construct the grade crossing and install a rubber crossing surface to conform to the proposed roadway profile and width. Such work shall be in accordance with the manufacturer's specifications, which are subject to prior approval by INDOT and the Federal Highway Administration, and shall be in accordance with the Indiana Department of Transportation's ~ecial Provisions for Construction of Highway-Railwav Grade Crossings, revised March 7, 1996, which are incorporated and made a part hereof by reference. (2) The RAILROAD shall install new train activated warning devices consisting of cantilevered flashing light signals with gates and bell. The design and installation of such warning devices shall conform with the State of Indiana Special Provisions Installation of Active Warnin~~ Devices at Highway-Railwav Grade Crossing • revised March 6, 1997, which are incorporated and made a part hereof by reference and applicable requirements of Part VIII of the 1988 edition of the Indiana Manual Page2of8 on Uniform Traffic Control Devices for Streets and Highways, and any subsequent amendments, revisions, or supplements thereto. SECTION 4. The RAILROAD shall furnish to the CITY in reproducible form an estimate of costs to be incurred by the RAILROAD for the project. This estimate of costs, hereinafter referred to as force account estimate, shall be subject to approval by INDOT, and is made a part of this agreement and attached hereto as Exhibit 3. SECTION 5. All materials shall be furnished by the RAILROAD and delivered to the crossing site at project expense. The Railroad's specifications for such materials shall be subject to approval by INDOT and the Federal Highway Administration. All materials to be installed shall be new, except as otherwise specifically approved by INDOT and the Federal Highway Administration prior to installation. SECTION 6. The construction of the grade crossing and installation of the grade crossing warning system shall be performed by the RAILROAD with its own forces on a force account basis. If the RAILROAD is unable to perform any part of the work with its own forces, it may request permission of INDOT to receive bids to do the work by contract. After receiving approval from INDOT, the RAILROAD may proceed to solicit bids and, subject to concurrence by INDOT, award a contract to the lowest qualified bidder. Subject to the prior approval of INDOT, existing continuing contracts under which certain work is regularly performed for the RAILROAD and under which the lowest available costs are developed will be held to comply with the above requirements. The provisions of Appendix "A" of the 1964 Civil Rights Act, attached hereto, shall • apply to any portion of t'he work, including engineering services, which the RAILROAD may perform by the contract method. The RAILROAD shall keep complete records of the above work to be performed by it and shall submit to INDOT on request such information as it may require concerning the cost and other details of the work. The Railroad's accounts shall be kept in such manner that they maybe readily audited and actual costs readily determined, and such records shall be available for audit by representatives of the CITY, INDOT and the Federal Highway Administration for a period of three years from the date final payment has been received by the RAILROAD for the project. Except as otherwise provided in this agreement, the CITY, through INDOT, shall reimburse the RAILROAD for the actual cost of the project work, (herein referred to as the project expense) performed by the RAILROAD, which is estimated to be Two Hundred Sixty Five Thousand One Hundred Twenty Dollars and Eighty Five Cents ($265,120.85). In the event there are increases in the extent of the work or changes in methods of performing the project work, the amount of the force account estimate may be increased by mutual agreement. The eligibility for reimbursement of costs or changes to the Railroad's facilities and the facilities jointly owned or used by the RAILROAD and utility companies shall be determined in accordance with the provisions set forth in the Federal-Aid Policy Guide 23 CFR, Subchapter B, Part 140, Subpart I, and 23 CFR, Subchapter G, Part 646, Subpart B issued December 9, 1991, and any subsequent amendments or supplements thereto, which are incorporated herein by reference. It is agreed that progress payments will be made by INDOT to the RAILROAD for the total • amount of work done as shown on monthly statements, or when the amount due the RAILROAD equals $1,000.00 or more, said progress billing to be paid within thirty-five (35) days of receipt of Page 3 of 8 the Railroad's progress billing. The RAILROAD shall notify INDOT's Seymour District Railroad Engineer upon completion of said force account work and arrange for the final inspection thereof . by representatives of INDOT. Any deficiencies found by such final inspection shall be corrected by the RAILROAD prior to submitting its final bill. Upon receipt of the final bill, the RAILROAD shall be reimbursed for such items of project work and project expense, in such amounts as are proper and eligible for payment and the project shall be submitted for final audit by INDOT. In the event final audit discloses that the RAILROAD has been reimbursed more than the amount due under the terms of this agreement, the RAILROAD shall promptly repay INDOT the amount overpaid to the RAILROAD. Billings to INDOT shall clearly show whether they are partial or final claims. The RAILROAD shall not commence any of the work to be undertaken by it hereunder until notified in writing by INDOT to proceed, and said work by the RAILROAD shall be commenced within thirty days after such notification to proceed. Buying and assembling of materials shall be construed as compliance with the foregoing thirty-day (30) provision. SECTION 7. The RAILROAD shall coordinate all work described in Section 3(b) with the CITY's roadway construction project. SECTION 8. The RAILROAD shall notify the Indiana Department of Transportation not less than (14) fourteen calendar days prior to the time of starting the actual construction of the project. SECTION 9. The CITY's contractor(s) shall notify the RAILROAD, not less than fourteen • (14) calendar days prior to the time of entering upon the Railroad's property for the purpose of constructing the roadway. SECTION 10. The RAILROAD and the CITY, through their representatives, agree to cooperate in every reasonable manner for the prompt and safe execution of the work in accordance with the terms of this agreement. The RAILROAD shall be responsible for the maintenance of railway traffic during the progress of the work performed under this agreement, and shall, unless otherwise provided in this agreement, furnish at project expense the necessary railroad personnel to protect its own operations as required by the regular operating rules of the RAILROAD. All work herein provided to be done by the RAILROAD shall be performed in such manner as not to interfere unnecessarily with the movement of traffic upon the highway. Any watchmen or flagmen necessary to protect or safeguard highway traffic shall be provided by the CITY at its own cost. Any necessary closure of the highway to traffic during the progress of the work shall be made only with the approval of CITY. SECTION 11. It is understood and agreed that the project herein contemplated is to be financed with the aid of funds appropriated by the Federal Government and expended under Federal regulations; that all special provisions, plans, estimates of cost, specifications, awards of contracts, acceptance of project work and procedures in general are subject at all times to all Federal laws, rules, regulations, orders and approvals applying to it, as a Federal project. SECTION 12. In the event that delays or difficulties arise in securing necessary approval, • or in acquiring necessary right-of--way, or in settling damages or damage claims, or for other reasons, which in the opinion of the CITY or INDOT render it impracticable to utilize Federal '- Page4of8 funds from current appropriation for the construction of the project, then at any time before actual project work is started by the RAILROAD pursuant to proper approval or authority, the CITY, • through INDOT, may serve formal notice thereof upon the RAILROAD and said project shall thereupon be cancelled and become null and void. The CITY, through INDOT, shall reimburse the RAILROAD for all costs incurred by the RAILROAD at the written request of the CITY or INDOT on account of the said project work prior to such cancellation. SECTION 13. In accordance with Federal Aid Policy Guide 23 CFR, Subchapter G, Part 646, Subpart B, Section 646.210 (b)(1), issued December 9, 1991, the construction of the grade crossing and the installation of grade crossing warning devices are found to be of no ascertainable net benefit to the RAILROAD and the RAILROAD shall not be assigned liability in the projects costs. SECTION 14. The CITY shall require its contractor to take out, before work is commenced and to keep in effect until work is completed and accepted, a Railroad Protective Public Liability Policy of Insurance in the name of the Railroad, said policy to be in the form specified in the Federal-Aid Policy Guide 23 CFR, Part 646, Subpart A issued December 9, 1991, and any subsequent amendments or supplements thereto, which are incorporated herein by reference. The maximum dollar amounts of coverage with respect to bodily injury, death, and property damage, is limited to a combined amount of two million dollars ($2,000,00.00) per occurrence with an aggregate limit of six million dollars ($6,000,000.00) for the term of the policy. The policy of insurance specified in this section shall be with a company authorized to do business in the State of Indiana. Further, the City's contractor will certify that he has Contractor's Public Liability and Property Damage Insurance in the amounts indicated in the contract Special Provisions. • SECTION 15. The/ CITY shall require its contractor(s), upon completion of the work of such contractor(s), to remove from within the limits of the Railroad's operating right-of--way all machinery, equipment, surplus materials, falsework, rubbish, or temporary buildings of such contractor(s), and to leave the operating right-of--way in a neat condition, satisfactory to the Chief Engineer of the RAILROAD or his authorized representative. SECTION 16. Pursuant to Indiana Code 22-9-1-10, the RAILROAD shall not discriminate against any employee or applicant for employment, to be employed in the performance of this agreement, with respect to hire, tenure, terms, conditions, or privileges of employment or any matter directly or indirectly related to employment, because of race, color, religion, sex, disability, national origin, or ancestry. Breach of this covenant may be regarded as a material breach of the agreement. SECTION 17. Upon completion of the project, the RAILROAD shall at its own cost and expense maintain the grade crossing and operate and maintain the grade crossing warning devices in proper working condition including the renewals as may be necessary, except as may otherwise be provided by law. SECTION 18. Upon completion of the project, the CITY shall at its own cost and expense maintain, or by agreement with others provide for the maintenance of the roadway facilities including the drainage thereof. Page 5 of 8 SECTION 19. If, at any future time, the parties hereto agree that the need for the grade crossing warning devices herein contemplated has ceased to exist at the herein designated location, • the RAILROAD may with the approval of the CITY remove andlor relocate said devices to any other crossing on its lines in the CITY. The proposed devices shall become the property of the RAILROAD or its successor(s) or assign(s), except in the case of termination of the RAILROAD or its successor(s) or assign(s), as an existing carrier by rail in the State of Indiana, in which case title to the devices shall revert to the CITY. SECTION 20. This agreement shall be construed in accordance with and governed by the laws of the State of Indiana and suit, if any must be brought in the State of Indiana. SECTION 21. This agreement shall be for the benefit of the parties hereto only, and no person, firm or corporation shall acquire any rights whatsoever by virtue of this agreement, except the CITY and the RAILROAD and their successors and assigns. [Remainder of Page Intentionally Left Blank] Page6of8 . THIS AGREEMENT shall be binding upon the parties hereto, their successors or assigns IN WITNESS WHEREOF, the parties have caused these presents to be executed by their proper officers' thereunto duly authorized. ATTEST; CSX Transportation Inc. ~~~ L~ ,2..~2.,-~- ,L.e~c- BY ~ - ~ RACHEL E. GEIERSBACIi air ~pJ• ~~ ~arc~t y~~Rojate Se ~t~ Chief Engineer - Desi~ ~„ ~Q~StiuGtion . , , .. , .............. .......................................... City of Jeffersonville Board of Public Works Memb r Member ~ ~~~~ Member Approved As To Form And Legality Date approved STATE OF INDIANA Phelps H. Klika, P.E. Chief, Division of Design Indiana Department of Transportation APPROVED Date Page 7 of 8 ACKNOWLEDGMENT for CSX Transportation Inc. /~ I,~, ~ STATE OF ~j~'~~~'`' COUNTY OF °`-'' ~'`'~' "~~-- , SS: Before me, the undersigned N~o/tary Public in and fofr /said county personally appeared ~Gi.~.- (~(J ~,~Ih ~~tG~r and ~~`~ ~_ •4~~'~Sh ~ ~ in their ~ (~ official capacity as ~~ ~ ~''f' and ~~~~ d'~ d of-the- C-er,~~~ilroad~Gompan3~f-Indi~apel-is, and acknowledged the execution of the foregoing Agreement on ~~ ` this~t~ /- day of G ~ ~~'' , 2002, and acknowledged and stated that they are the parties authorized by the CSX Transportation Inc. to execute the foregoing Agreement. Witness my hand and seal the said last named date. My Comm si Expires ~~~a~~~~ c~j c~~~~~~~.- Notary Public ; o«"". ~~¢;.; HOWARD MICHAEL LEE 1/ /~„~ /~pu.4R.,v ~ i c h ~ c / ~ e G ?~ 3= MY COMMISSION # CC 854310 •.t ,Q EXPIRES: August 2, 2003 County of Residence Print or type name ~~-,FOF ~.~• BcndedThruPichardlnsuranceAgency *****~F*************~**********************~Y*******************************ie******~c*;F~k** ~ ACKNOWLEDGMENT for City of Jeffersonville 1 (~~~;~, , SS: STATE OF COUNTY OF Before me, the undersigned Notary Public in and~,f4or saiyd county personally appeared ~~~i'3t.~..d ~ ,~ ~i..u~ O> • ~'// and -~ in their official capacity as members of the Board of Public Works of the City of Jeffersonville, and acknowledged the execution of the foregoing Agreement on this ~~~ day of~ (~ 2002, and acknowledged and stated that they are the parties authorized by the City of Jeffersonville to execute the foregoing Agreement. Witness my hand and seal the said last named date. 11dy Commission Expires 5~-?-U~ ~~~ County of Residence ~ : '~Q_ ~/ / Not P is ` / ~ ~ ~ ~ Print or type Page 8 of 8 APR.-12'02(FRI! 0802 CSRT ENG. MATERIALS TEL~904 245 1030 P. 002 ' CSX TRANSPORTAT{ON, INC. Page 1 of 3 ... FORCE ACCOUNT ESTIMATE • ACCT. COGS :709 - IN0200 Pub EB - 3 GFP ESTIMATE VOID AFTER: 1 211 2120 0 2 LOCATION: Jeffersonville. Clark Co., IN DOT NO.: eQ ndin~c DESCRIPTION: Installation of New Road Crossing. Intercit Road (Full Depth Rubber Crossing Surface) DIVISION: Louisville SUB-DIV: Hoosier - Nabb Branch MILE POST: B-49.50 DRAWING NO.: _ DRAWING OATS: PRELIMINARY ENGINEERING: Labor (Non Contract) Surcharge 54.34°/a Outside Engineering Services Expenses Subtotal 7 Days ~ S 250.00 1 LS $ 500.00 5 - 1.750.00 5 950.9b S 500.00 S 329.00 5 3,529.95 CONSTRUCTION ENGINEERINGlINSPECTION: Labor (Non Contract) Surcharge 54.34°~6 Outside Engineering Services Expenses Subtotal FLAGGING SERVICE: tContract Laborl Labor (Conductor-Flagman) Labor (Foreman/inspector) Insurance 21.00% Surcharge 93.80% (Transportation Department) Surcharge 63.97% (Engineering Department) Per Diem (Engineering Department) Expenses Subtotal 3 Days @ S 250.00 1 LS 5 500.00 0 Days ~ 5 - 10 Days ~ 5 220.00 0 Weeks ~ 5 198.75 1 LS $ 500.00 SIGNAL WORK: TO BE FURNISHED BY THE SIGNAL Dr=PARTMENT IN JAX Temporary (Details Attached) Pei'manenl (Details Attached) ~ ' Subtotal ..•~' . COMMUNICATIONS WORK: Temporary (Details Attached) Permanent (Details Attached) Subtotal $ 750,00 $ 407.55 $ 500.00 $ 141.00 S 1,798.55 5 - 5 2,200.00 $ 462.Oo $ - S 1,407.34 S - 5 500.00 5 4,569.34 S - S 136,226.72 $ 136,226.72 $ - 5 - 5 - File: ,NOS-S~~a~ FAE EXHIB:IT..:3 APR. -i6' o2(fii;E1 i?~2? TE1.~9~)42d510jiJ F. 0;12 -- CSX TRANSpORTATION~ iNC.•- Fage 2 of 3 FORGE ACCOUNT EST{MATE • ACCT. COpE :709 - 1N020C Pub E6 - 3 G~? TRACK: LABC7iX Traffic Control Remove Track Renew Cross Ties Renew Rail Install C)Tti4 Install Field Welds in5iali Geo-Texti;e Fabric install Sub-brairs Instal! Ballast Line and s;,~rfaCe Install crossing Materials Instau Bituminous Pavement a 60 48 48 4$ 166 6 24 4d 240 8 0 G 0 MAN-HRS MAN-tiRS MAN-HRS MAN-tiRB MAN-dRS MAN-~1RS MAN-tins MAN•HRS MA.N•FiR5 MAN-HRS MAN-HRS MAN-HRS MAN•HRS M~N•HRS MAN-HRS MAN-HRS S 19.50 S 19.50 S 19,50 5 1 n,50 S 19.SG S 19.50 5 19.50 S 19.50 $ 19.50 S 19.50 ~ 19.50 5 i 9.50 5 19.50 S 19.50 S 19.50 3 19.50 Clean-Up Insurance 21.00°/° Surcharge 63.97% Subsistence S u btota l TRACK: fYATFRIAL Cross Tips, Main Line Rail, 136RE, New Misc. oTM Geo-Tek2iie Fabric Sub-grains Ballast Field VJelds - 136# Field Welds - 115# Transition Rails 136#111 S# Concrete Fuli Width Concrete/Rubber Xing (CSX) Rabbet Crossing, Full pepth Solid TirFiber Crossing Timber/Asphalt Crossing Rutaber/Asphalt Crossing (CS7C Standard) Bituminous Material haterial dandling 5.00% Subtotal CONTRACT: Asphalt P2ving -City's Responsibility Disposal of 1ACaste Materials Maintenance of TraffaC Subtotal File: IN0200-Surface FAE ~$ 97 MAN-D,~Y 5 55.00 S 11 a.00 S 1C.a0 S 300.00 $ 33,324.66 312 2 zsa 131 10 4 4 0 0 120 C 0 0 Q cF. LF LOT RL !~ IVT EA EA EA TF r;= TF TF TF TF NT S 3,307.75 5 2,932.8a $ 2,000.00 ~ soa.oo 5 1,6a0.c0 S 1,965.03 $ 552.50 5 221.00 $ 4,200.00 $ - $ - $ 33,600.G0 5 - $ - S - S - S 2,547,95 5 25.25 S 9.4a S 2_ 0~ 00.00 5 25a.00 S 6.00 S 15.00 S 55.25 S 55.25 S 1.050.00 S 225.00 $ 135,00 S 280.00 3 60.00 S 35.00 S 87.00 S 70.00 $ 53,507.00 0 190 0 NT TF t]AY S - $ i ,960.00 $ - $ 1,960.00 EX~~~IT._3 ~'~-f>FE ~(~R S 1,170.00 S 936,00 S 936.OG S 936.00 3 3,276.00 5 156.00 $ 546.00 5 46E+.00 5 936.00 5 4,680.00 $ 156.00 S - 5 - S - S 936.~C 5 3,177.72 ~ 9,67x.94 $ 5,335.00 aPR.-l~'02(1~~E) 1223 TEL:9U~1245i02G P.Of.~ ESTIMATE: 9902041-20620 CSX ~'~tANSPGRTAT{£~N ESTINtATED COST T4 ~NSTAe_L /~UTah7ATiCALLY CONTROL~,ED CAtJTELEVERS AND GATES JEFFERSONVIL~E, IN INTERCITY RD. OP#: 1 N0200 AAR#: NE'N PROJECT#: IN2000070 SUMMARY MAT E R1AL: $62,149.76 SALES TAX: $0,00 LABOR INSTALi.1NC--: CONSTRUCTION: 93 MAN DAYS 519,158.00 SHOF: 5 MAN PAYS $705 !:;; . ?t:L~$i.STF)`! ~~ 4Li O',NANCE: _, _ __ J _ ~ ~:;,oGOAG • RA1LR{SAD ENGINEERING' PRE':_IMINARY: 52.,980.19 RAI! P..~.rAD ENG!NELRINC--, COn1S'i RL'C T ION: Ss"^,27.,'0 4LUlTI'JES 't'b CO:vS1'RUCTION L'1130R: ~ _~^ _~ ~ S~6,278.55 ADDITIVES i~V ENGINEERING: ~5,uZ5,b7 ADDITIVES TO SHOW LABOR: S721.00 EQUIPMENT EXPENSE: $7,000.00 WASTE MANAGEMENT: $240,00 - CONTRACT ENGINEI=RING INVOiC>_: (CAT ? 51,950.00 + CAT 2-52,750.00 + CAT 3-51,333.97? 56.033.97 FREIGHT: 52,400.00 220 VAC POWER SERVICE: 5.00 POWER INST Total Est(mat~ Cvst $136,226.72 DATE: Zt25l200Z ESTIMATE BY: SAFI;TRAN SYST>~MS CORP. NOTE: THfS ESTIMATE SHOULD HE CONSiCErZED 'JOIl+ ONE YEAR FRC!M THE DA'r E OF ESTIMATE. REV.99-3 EXHIBIT 3 ~~~.~:E ~#:..~R 0?fTI~E) 1?~?? TEL~9i)4?~1~i020 P.Oii: F';etd Material List fcr CSX Project- IN2f?Ot)070 (Effective: 02/14/2002) INSTAL!, AVTOMAT'1CALLY GONTROLLED CANTiL£VERS AND GATES Jeffersonville, IN - B 49.50 Cafalog Num Cond Unit Price Qty Cost Desc~-iptfon 020-0013475 1 1.45 130 192.44 CONNECTOR TRACK D&W S8PT OR ERJCO Si3PAC3ACSX APPLY 3/16" 020-0013906 1 4.37 350 1529.50 CABLE UG 16 COPdD 6 NO fi AWG SOLID C 10 NO T4 AWG SOLIC C 020-0014000 ~ 1 3.03 '100 303.00 CABLE. UG 10 COND NO 9 AWG- - SOLID CCSX SPEC SS796 SHOW 020-0014605 1 2296.80 2 4593.60 FOUNDAr10N 5'-6-1l2° SECT PRECAST CONCRETE ASSY BOLT 020-0052475 i 3.30 4 13.20 ARM CCSX2719S SHORT EXTENSlO(~ 7-114° LG ALUMINUM ALSO 020-0052920 1 0.44 5 2.20 BANG C-~04 BAND IT 112" SS BURCO QRDER BY THE FT 020-005292 ~ 1 0.31 4 1.24 BUCKLE C-254 BAND IT 1;2 (N SS BURCO 020-0053065 1 2.63 fi7 176.21 BdND 3116" X 6-1/2" STYLE XS RAIL HEAD WNVELD METAL ~ 020-0453245 1 1.1G 150 165.00 CABLE UG 3 COND NQ 9 AWG SOLID C CSX SPEC SS796 SHOW 020-0056424 1 60.42 4 241.68 aRAGKE7' sIGN 10° MAST W;SPLIT BOLTS FnR ALL SIGNS REQUIRING 020-0056463 1 4963.00 2 9926.00 SIGNAL 0.2286 HWY CROSSING GATE ASSY CSX DWG SS222 JNCL 020-0057275 1 O.fiB 350 238.00 WIRE UG TRK 71NIST PAIR NO 6 ~ AWG 501. C NEOPRENE JKT CSX . 020-Ot 68633 1 6107:50 2 12215.00 SIGNAL 0?315fi f-i1~,lY RING 24 ALUM 1-MAST CANTER FL LT ASj't - 020-1040302 ~ .i 139.04 7 973.28 BATTERY GNB 50A07 ABSOL"fi* IIP . 160AH LA MAINTENANCE FREE 020-104(}304 1 167.48 6 1004.88 BATTERY GNB 50A11 A13SOLTE IIP 265AH :.~A MAINTENANCc FREE 020-1Q40306 '1 - 231.55 6 . 13„9.30 BATTERY GNB 50,4.15 ABSOLTE I!P ~ . .. . 370AH Lip MAINTENAiv%E FREE 020-1040540 1 27.18 2 54.36 TRAY PVC GATT FIBER C4 , 82687-1-P 12" WIDTH 24" LONG 020-1040550 1 37.89 1 37,89 TRAY PVC BATT FIBER CO 82687-3-F 12" WIDTH 38" 020-1150750 1 0.43 156 x7.08 BOND STRAND 3116" DIA 7 STRANDS OF 19 STR EACH 6 WITH 020-1153551 1 1.55- 8 12.40 CLIP TRK `HIRE RETAIN ER1C0 S13A248B aPRING STEEL SAE 1075 020-1360014 1 693.11 ~ 693.11 PACKAGE FOREMANS CARE FOR ALUMJNUIIR TYPICAL J30M FqR USE 020-1360016 1 15.39 1 15.39 PACKAGE SAFETY i~ SarCURMENT W(Tt-I 1 EA CAUTION TAG i EA 020-1380 i03 1 943,41 1 943.41 LAYOUT METER SEIRVICE WITH 2~' FOLE CSX DWG 55351 SH 2 ITEMS 020-1501690 1 4.20 175 735.00 CABLE UG 9 CONQ N0 6 AWG SOLID C CSX SPEC 55796 SHOW 020-2050060 1 372.78 2 745.56 FOUNDATION ASSY 5'-T' HT TYpE S-2 SECTiON/~L PRI=CAST 020-3901895 1 8i.Ofl 2 162.00 T1P FLI=X HWY CROSSING GATE 24 JN LONG RED 8 WHITE STRIPES 020-3920200 1 185.88 1 185.88 BELL GCWO ELEC7Rt~N1C 4" OR 5" MAST $ TO 1$ VOLTS DC GSI PN 020-3930010 1 3.60 2 7.20 KIT GATE ARM iNARNiNG STICKER KIT INCLUDES 1-EA 5"X3" 020-X200340 1 1.04 47 48.88 LINK T>:ST OFFSET.L(NK 1iN • CENTERS INSULATED W/SPECJAL ~~~IIBIT. 3 . Page 2 4f 4 ~st~m~~q. ~i l )~-~ 0 212 512 0 0 2 '02(TUE) 1223 TEL•9U~2~~102G P Of; Shcp Material List for CSX Protect: 1N2004070 (Efifectiva 02/14/2442) INSTALL AUTOMATICALLY CONTROLLED GANTILEYERS ANb GATES JefPersonvilie,lN - B 49.50 Catalog Num Cond Unit price Qty Cast Qescryptiari 020-0003388 ? 6553.00 1 6553.00 HOUSE uX6L ALUM INCLUDES 5 SHELFS: FARADAY CLOSET, 120V 020-0017120 1 13.41 3 40.23 BI_OGK 1~RMINAL i2 WAY SINGLE STRIP AAR DWG 10544 MP 14.1.6 •~a20-0017221 1 27<.29 1 277.29 TRANSFORMER 010320-50X{.IGHT - • 750VA MOD SLT 50 SAFETRAN PRI 020-0017311 1 22.Z~9 12 274.68 RESISTOR 0296C2-52X ADJ 0.035 TO '1.50 OHMS SAFETRAN PL K326 020-0021965 1 9.05 1 9.05 EXTRACTOR DWG 59688-4 TERb3iNAL GRS CAT F3-308 REF 020-0022661 1 48.76 5 243.80 PLUGBOARD KIT TYPE B1 OR ST1 REC.A,Y ASSEMBLY WITH 22 EACH 020-0022754 1 75.01 1 75.01 RECTIFIER SAFETRAN 590000-X S!i_ICON USE WITH SAFETRAN 020-0025595 1 16.94 ? 16.94 WRENCH DWG 55393-3 GR1 "E" TERMiNfi,L POST Nl.lT GRS CAT 020-x053390 1 421.96 3 1265.88 CHARGER BATTERY NRS 12!20 SCR SOLID S ~ ATE 20 AMP ROTARY 020-0056514 1 9.07 1 9.07 socKET 27E166 RELAY POTTER BRUM F4R PB TYPE KHAU 4FB NV 020-0660075 1 355.10 1 355.10 ARRESTER GE 9LtOKAA212 FOR 0750090 X020 APPLICATION ON 120 VOLT" - 1 4.99 3 14.97 NUT INSULATED SAFETRAN 0234C8-tX 1-3/16" FaR 120V AC 920-077006{} 1 10.76 4" 505.72 ARRESTER US&S•N451552-4201 TR?.GK S=KIES RED LABEL USDA 020-1940055 ? r. 5.42 1 5.42 CpNTAfNER CIRCUIT PRINT 24" SCHEbULE 20 4" PVC PIPE WITH 020-25$2460 1 6957.19 1 695f.19 DET'ECTUR HARMAN 300608-200 PMO-3R SYSTEM WI8KHZ RSl AND 020 2901190 1 - 9.06 1 •9.06 RELAY PCB KHAU t7A12-120 . . r~OWER-GFF FOR GENISYS SYSTE-t~1 020-343011 ~ 1 270.00 1 270.00 RELAY SAFETRAN 400004 4FB-2F-1 B NEUTRAL so0 oHMs 020-3430115 1 518.40 1 518.4G RELAY SAFETRAN 400005 4FB Hb-2F8 NEUTRAL 500 OHtv15 csx 020-3430135 1 398.60 1 399.60 RELAY SAFETRAN 400213 2F@ SLOW RELEASE 460 OHMS CSX REF 020-3430170 1 426.86 1 426.86 RELY SAFETRAN 400800-CSX 6Fi3 HD POWER TRANSFER 100!100 020-3430185 1 378.00 1 378.00 RELAY Sf,FETRAN 400700-~X 4FB FLASHER 60 OHMS COMPLETE WITH 020-420x100 1 S_93 3 17.79 GONNECTQR BUS 1" CENTERS 1/2" x20-420x340 1 1.04 47 X 36" 18 GAGE PUNCHED 1/4" X 48.88 LINK TES"f QFFSE7 LINK 11N CENTERS INSULATED W/SPECIAL 020,4200360 1 4.47 9 40.23 LINK INSUL TEST 2-318" CENTERS CENTER CONTROL TEST 020-8000067 1 14.21 2 28.42 LOCK AMERIGA,v H1 OKA CSX SIGNAL PADLOCK WlBK CHROME 020-8100034 • 1 2421.80 • t 2421.90 RECORDER EVENT HARMAN HAWK • ASSEMBLY COMPLETE WITH Total Ca st: $ 21162.49 Page , at 4 EXHIBIT 3 E.stirna a iD: 1Q1 z ~~ ~'-AfT'~_~ (~ 02/25/2002 'b'Q2fTUE) 12:24 TEL:9~424~1020 P. 008 Co~sumables List for CSX Project; fN2000070 (Effective: 021412002) ilV5 i ALL AUTOMATiC,41.LY C ONTRULI.ED CA1rTiLEV1l:FiS AND GATES • Jeffersanvi!!e, !N - ~ 49.50 Catalcg Num Ccnd Unit Price Qty Cast Descriptlnn NIA 200.00 10 2000.00 FILL MATERIAL, 10 CUBIC YARDS NIA 800.00 1 800.00 WALKW7,Y RACK i0 CU81G YARDS 020-0017605 1 0.20 350 , 70.Gu WIRE CASE 10 AWG FLEX CSX SPEC SS796 OKQNlTE •~ " 020-0017607 1 ~ 0.50 500 250.00 WIRE CASE iVJ ~PR NO.10 AWG' - FLEX CSX SPEC SS7~36 TV1!!ST 2 020-00'i7625 1 0.33 150 49,50 VIVRE CASE TW PR NO 14 AWG FLF~C CSX SPEC SS7S6 TVIIIST 2 024-0017630 1 G.11 200 22.00 WIRE CASE NQ 16 AVJG FLEX CSX SPEC SS795 FURN 1000 FT SPOOL 020-0017635 1 0,75 130 97.50 WIRE SIGNAL DEL 018 NO 6 CAPPER STRANDED SINGLE X20-0028610 1 0.49 900 49.00 TERMINAL RING AMP 35628 YELLOW PLAST!-BONb HVY DUTY O2a~2s197o 1 s.91 2 17s2 pECAL ASSY 2° BLACK PRESSURE SENSITIVE VINYL PRE-MASKED 020-420C880 1 0.51 2 1.02 CONNECTOR TERMINAL 2-3/8" CENTERS AAR 14.'..'t5-4 NICKEL 020-200892 1 0.42 27 '11.3.4 CONNECTOR TERMINAL 9" CENTERS AAR 14.9.15-3 NICKEL PLATED 020251990 1 0.56 120 67.20 TERMINAL RING Atv1P 35627' BLACK PLAST!-BONA WIFcE S12E 10-'}2 020-4251290 1 0.62 30 18.60 TERMINAL V'1IRE AMP 322059 BLUE WIRE SIZE NO 6 AWG 1!4" STUD . ^u20-4259295 1 G.55 E 3.3n TERfv(INAL WIRE AMP 322007 BLUE WIRE SILL NQ 8 AWG 3/8'.STl1[7 020-999n992 1 ~u.00 1 50.00 yOUSE, SIGNAL HANDLII~IG • CHARGE, BURCO DISTRIBUTION 450-OO~t9212 1 0.02 '100 ?, .00 SGREVV 10 X 1" SHT t:fETAi, PAN Hta TYPE A COARSE THREA(7 Totai C ost ~ 3509.28 --_-- -- ~~ EX~~BT 3 Page 4 of 4 ~~~;. ~}~ 02/25/2002 P. OL''c 002 ~~S k1N S$P7 OR ~ PLY 3116" !O fi AWG SOUC C 9 AWG' T96 SHOW SECT ~SSY BOLT ~T EXTENSIOt~ _SO '2" SS FT r 112 tN YLE XS ETAL ~ 9AWG X796 SHOW SST WlSPLIT REQUIRING BOSSING SS222 1NCL FAIR NO 6 ~E JKT CSX LING 24 FL LT ASSY ~ , L'f>* I l F . ' ~REE A OLTE I1P SCE FREE A6SOLTE I!P • ~ "~ vCE FREE R GO ' 24" LONG ..,._ :R CO 3p„ ..~ DIA 7 EACH 6 WITH - ~IN ER1C0 EE' SAE 1075 ;S CARE FOR BOM FQR USE SECURMENT TAG 1 EA VICE WITH 2E' >51 SH 2 1TEM5 ~Q 6 AWG S5796 SHOW 5'-T' HT TYPE =CAST SSING GATE 24 !TE STRIPES RONIC 4" OR 6" _S DC GSI PN ~NING STICKER . 5"X3" , '.LINK 1iN "F~(ISPECIAL 02125/2002 TEL~9!;4?~~1U20 p, 0~ ~' 0? (TGE) 1 ~ ~ 2a Field Material List for CSX PrcjeCt: 1N20t}007fti (EfFective: 02/141202) INSTALL Atl7'OMATICALLY CONTRtJLLEO CAAITILEVERS AND GATES • Jeffersonviite, ihi - B 49.50 Catato_g Num Ccnd Unit Price Qty Cost Description 020-11200900 G AhAP 1 0.2C 10 2.00 ~~~ 988 WIRE 0 FOR tv'C 2 t=0f2 40 100 i ' C G20-9999991 . p 1 1 100.00 -OJEC IST TS BURCC? D . - 7.50-001 C7$0 _ - 1 ... SA5 .110 ' 6f,5.50 CE d THAW APER D THFZcADS CN 360-0006134 i 33.E-4 1 3S.4d STOOL STEP V~IOOD ?4"X 2.0" SIGNAL MAINTAINERS CSXT 3130-080('14:1 4.39 1 4.39 BROCM t.'~'~4f?EHrJUSE CORN t-iVY DUB! tb300 Totnl Ca=t: $ 37d~7?.58 r~ ~J ,~Es~nX~H,~IyBq IT~. Page 3 of 4 ~' ~'- l ~-t!.~ /~1 ~~--~ 02J25120U 2 'b' 02ITUE) 1224 TEL~9)424~1020 P. 008 • Catalcg Nurn ,' Gonsumables List for CSX Project: IN20t)I7070 (Effective: 02r14/20QZ) Il~15TALL AllTOMATiC,4LLY CONTRU!-1.ED CAIvTILE1/JEf2S AND GATES Jeffersonville, iN - ~ 49.SQ Ccnd Unif Price Qty Cost Description ,yJq 200.00 10 2000.00 FILL M/~TERIAL, 10 CUBIC YARDS NIA 800.00 1 500.00 WALKWf~Y ROCK, 10 CUB1G YARDS 020-OC17605 1 0.20 350 70.G0 WIRE CASE 10 Ai~lG FLEX CSX SPEC SS796 OKONITE ~~ ' Q2Q-0017607 ~ 1 0.50 500 ~ 250.OG WIRE CASE iVJ'PR N0~10 AWG" - ' M'IST 2 FLF~C CSX SPEC SS7S6 _ 020-0017625 1 0.33 150 49.50 V1~+IRE CASE TW PR NO 14 AWG FLEX CSX S?~EC SS79o TWIST 2 020-0017630 1 G.11 200 22.00 WIRE CASE NC 'i6 AWG FLEX CSk SPEC SS796 FURN 1000 FT SPOOL 020-0017635 1 0.75 130 97.50 ti~1~IRE SICNP.L DEL 018 NO 6 CAPPER STRANDED SINGLE 02Q-0028610 1 0.4G 100 49.00 TERMINAL RING AMP 35628 YELLOW PLASTI-BONA HVY DUTY 020-3261970 1 8.91 2 17.82 pECAL ASSY 2" BLACK °RESSURE SENSITIVE VINYL PRE-MASKED 020-420C880 1 0.51 2 1.02 CONNECTOR TERMINAL 2-318'' CENTERS AAR 14.'._'f5-4 NICKEL 020-4200892 1 0.42 27 11.34 CONNECTOR TERMINAL 1" CENTERS AAR 14.1.15-3 NICKEL PLATED 020-4251190 1 0.56 120 67.20 TERMINA!. RING AA1P 35627 BLACK PLASTI-BOND 1JNIRE SIDE 10-12 020-4251290 1 C.62 30 18.60 TERAAINA~. V'lIRE AMP 322051 BLUE Vv'IRE SIZF_ NO 6 AWG 1/4" STUQ 020-42~i295 1 G_55 E 3.3~ TERMINAL.. WIRE AMP 322007 BLUE , WIRE SIZE NO 6 AWG 3J8'.STl1f7 020-9Q9°992 1 5u.00 1 50.00 HOUSE, SIGNAL i-iANDLIMG CHARGE, BURCO DISTRIBUTION 450-00't 9212 1 0.02 100 ?, .OQ SCREW 1 ~0 X 1" SHT ArETAi, PAN HD TYPE A COARSE THREP,D ~_ T otaf Cost $ 3509.28 EXi=i~BT 3~Q Page 4 of 4 ~~~1 '~~--4 Qy25/2002 January 6, 1978 July 26, 1983, Revised APPENDIX "A" During the performance of this contract, the contractor, (for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor") agrees as follows: (1) Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Subcontracts: Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under asub-contract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex or national origin. (4) Information and Reports: The contractor shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the Indiana Department of Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the Indiana Department of Transportation, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. Notwithstanding any of the provisions or terms of Appendix "A" as contained within this agreement, it is agreed that the Company does not waive any of its substantive or procedural rights or any of its legal, procedural or factual defenses which it may have . under any present or subsequently enacted or modified Federal or State statute, regulation or order. (5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this ~; contract, the Indiana Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, incuding, but not limited to: (a) withholding of payments to the contractor under the contract until the contractor complies, and/or (b) cancellation, termination or suspension of the contract in whole or in part. (6) Incorporation of Provisions: The contractor shall include the provision of paragraphs (1) through (7) in every subcontract, incuding procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontractor or procurement as the Indiana Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Indiana Department of Transportation to enter into such litigation to protect the interests of the State, and, in addition, the contractor may request the United States to enter such litigation to protect the interests of the United States. (7) Nonsegregated Facilities: By submission of this bid, the execution of this contract or subcontract, or the consummation of this materials supply agreement, as appropriate, the bidder, Federal-aid construction contractor, subcontractor, or materials supplier, as appropriate, certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. He certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. He agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time-clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. He agrees that (except where he has obtained identical certifications from proposed subcontractors and material suppliers for specific time periods), he will obtain identical certification from proposed subcontractors or material suppliers prior to the award of subcontracts or the consummation of material supply agreements, exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files. AGREEMENT COVERING CONSTRUCTION OF ROADWAY APPROACHES • CONSTRUCTION OFHIGHWAY-RAILWAY GRADE CROSSING AND INSTALLATION OF GRADE CROSSING WARNING SYSTEM Draft of: June 17, 2002 Project #: STP-C730 (009) -Road Contract STP-9910 (022) -Railroad Force Account AAR/DOT #: New (unassigned) DES #: 9880130 -Road Contract 0200590 -Railroad Force Account THIS AGREEMENT, made and entered into by and between the City of Jeffersonville, acting by and through the Board of Public Works, hereinafter called the "CITY", and CSX Transportation Inc., hereinafter called the "RAILROAD". WITNESSETH • WHEREAS, in the interest of public safety and convenience, the CITY desires to construct a new public roadway, at the location which is shown on Exhibit 1; WHEREAS, said new public roadway, identified as Veterans Parkway, will cross the tracks and operating right-of--way of the RAILROAD in Jeffersonville, Clark County, Indiana at the location as shown on Exhibit l; WHEREAS, to accommodate the proposed construction of Veterans Parkway, it is necessary to construct ahighway-railway - at-grade .crossing and to install a train activated grade crossing warning system; WHEREAS, the Indiana Department of Transportation will recommend this project to the Federal Highway Administration for construction with the aid of federal funds apportioned to the State as authorized by Title 23, of the United States Code, (Public Law 85-767, 85th Congress) or any other Acts supplemental thereto or amendatory thereof; and WHEREAS, the Indiana Department of Transportation will award the contract and act as liaison agent for the CITY with the Federal Highway Administration (where the word "INDOT" appears in this agreement, it will indicate that the Indiana Department of Transportation is performing an act for the CITY as required by the Federal Highway Administration). NOW, THEREFORE, in consideration of the premises and the mutual dependent covenants • herein contained, the parties hereto agree as follows: Page 1 of 8 • SECTION 1. The RAILROAD, insofar as its title enables it to do so and subject to the rights of the RAILROAD to operate and maintain its railroad and railroad appurtenances along, in and over its right-of--way, grants the CITY, its contractors and agents the right to enter upon lands owned and/or operated by the RAILROAD for the purpose of constructing and maintaining the roadway facilities in accordance with the general plans and specifications for Project STP-C730 (009), which are incorporated and made a part hereof by reference. It is understood that the actual conveyance of land or rights, if such are required by Indiana State Law, shall be by means of other instruments to be negotiated between the CITY and the RAILROAD. SECTION Z. Detailed plans and specifications for the roadway construction project shall be prepared by the CITY and approved by INDOT and the Federal Highway Administration. All plans and specifications affecting the interests of the RAILROAD shall be subject to approval by the Chief Engineer of the RAILROAD, or authorized representative, before work is commenced. No changes in the plans or specifications affecting the interests of either party hereto shall be made without the written consent of said party. SECTION 3. The parties hereto shall perform or cause to be performed the following items of work to accommodate the plans and specifications for Project STP-C730 (009): (a) Work by the CITY: (1) The CITY shall be responsible for causing the construction of the roadway, • including all necessary grading, paving, roadway drainage and other drainage made necessary by the construction of the roadway facilities. (2) The CITY shall place and maintain railroad advance warning signs and railroad crossing pavement markings in accordance with the 1988 edition of the Indiana Manual on Uniform Traffic Control Devices for Streets and Highways, and any subsequent amendments, revisions, or supplements thereto. (b) Work by the RAILROAD: (1) The RAILROAD shall construct the grade crossing and install a rubber crossing surface to conform to the proposed roadway profile and width. Such work shall be in accordance with the manufacturer's specifications, which are subject to prior approval by INDOT and the Federal Highway Administration, and shall be in accordance with the Indiana Department of Transportation's Special Provisions for Construction of Highway-Railway Grade Crossings, revised March 7, 1996, which are incorporated and made a part hereof by reference. (2) The RAILROAD shall install new train activated warning devices consisting of cantilevered flashing light signals with gates and bell. The design and installation of such warning devices shall conform with the State of Indiana Special Provisions Installation of Active Warning Devices at Highway-Railway Grade Crossings • revised March 6, 1997, which are incorporated and made a part hereof by reference and applicable requirements of Part VIII of the 1988 edition of the Indiana Manual Page 2 of 8 on Uniform Traffic Control Devices for Streets and Highways, and any subsequent amendments, revisions, or supplements thereto. SECTION 4. The RAILROAD shall furnish to the CITY in reproducible form an estimate of costs to be incurred by the RAILROAD for the project. This estimate of costs, hereinafter referred to as force account estimate, shall be subject to approval by INDOT, and is made a part of this agreement and attached hereto as Exhibit 3. SECTION 5. All materials shall be furnished by the RAILROAD and delivered to the crossing site at project expense. The Railroad's specifications for such materials shall be subject to approval by INDOT and the Federal Highway Administration. All materials to be installed shall be new, except as otherwise specifically approved by INDOT and the Federal Highway Administration prior to installation. SECTION 6. The construction of the grade crossing and installation of the grade crossing warning system shall be performed by the RAILROAD with its own forces on a force account basis. If the RAILROAD is unable to perform any part of the work with its own forces, it may request permission of INDOT to receive bids to do the work by contract. After receiving approval from INDOT, the RAILROAD may proceed to solicit bids and, subject to concurrence by INDOT, award a contract to the lowest qualified bidder. Subject to the prior approval of INDOT, existing continuing contracts under which certain work is regularly performed for the RAILROAD and under which the lowest available costs are developed will be held to comply with the above requirements. The provisions of Appendix "A" of the 1964 Civil Rights Act, attached hereto, shall apply to any portion of the work, including engineering services, which the RAILROAD may perform by the contract method. The RAILROAD shall keep complete records of the above work to be performed by it and shall submit to INDOT on request such information as it may require concerning the cost and other details of the work. The Railroad's accounts shall be kept in such manner that they may be readily audited and actual costs readily determined, and such records shall be available for audit by representatives of the CITY, INDOT and the Federal Highway Administration for a period of three years from the date final payment has been received by the RAILROAD for the project. Except as otherwise provided in this agreement, the CITY, through INDOT, shall reimburse the RAILROAD for the actual cost of the project work, (herein referred to as the project expense) performed by the RAILROAD, which is estimated to be Two Hundred Sixty Five Thousand One Hundred Twenty Dollars and Eighty Five Cents ($265,120.85). In the event there are increases in the extent of the work or changes in methods of performing the project work, the amount of the force account estimate may be increased by mutual agreement. The eligibility for reimbursement of costs or changes to the Railroad's facilities and the facilities jointly owned or used by the RAILROAD and utility companies shall be determined in accordance with the provisions set forth in the Federal-Aid Policy Guide 23 CFR, Subchapter B, Part 140, Subpart I, and 23 CFR, Subchapter G, Part 646, Subpart B issued December 9, 1991, and any subsequent amendments or supplements thereto, which are incorporated herein by reference. It is agreed that progress payments will be made by INDOT to the RAILROAD for the total • amount of work done as shown on monthly statements, or when the amount due the RAILROAD equals $1,000.00 or more, said progress billing to be paid within thirty-five (35) days of receipt of `.: Page 3 of 8 the Railroad's progress billing. The RAILROAD shall notify INDOT's Seymour District Railroad Engineer upon completion of said force account work and arrange for the final inspection thereof by representatives of INDOT. Any deficiencies found by such final inspection shall be corrected by the RAILROAD prior to submitting its final bill. Upon receipt of the final bill, the RAILROAD shall be reimbursed for such items of project work and project expense, in such amounts as are proper and eligible for payment and the project shall be submitted for final audit by INDOT. In the event final audit discloses that the RAILROAD has been reimbursed more than the amount due under the terms of this agreement, the RAILROAD shall promptly repay INDOT the amount overpaid to the RAILROAD. Billings to INDOT shall clearly show whether they are partial or final claims. The RAILROAD shall not commence any of the work to be undertaken by it hereunder until notified in writing by INDOT to proceed, and said work by the RAILROAD shall be commenced within thirty days after such notification to proceed. Buying and assembling of materials shall be construed as compliance with the foregoing thirty-day (30) provision. SECTION 7. The RAILROAD shall coordinate all work described in Section 3(b) with the CITY's roadway construction project. SECTION 8. The RAILROAD shall notify the Indiana Department of Transportation not less than (14) fourteen calendar days prior to the time of starting the actual construction of the project. SECTION 9. The CITY's contractor(s) shall notify the RAILROAD, not less than fourteen • (14) calendar days prior to the time of entering upon the Railroad's property for the purpose of constructing the roadway. SECTION 10. The RAILROAD and the CITY, through their representatives, agree to cooperate in every reasonable manner for the prompt and safe execution of the work in accordance with the terms of this agreement. The RAILROAD shall be responsible for the maintenance of railway traffic during the progress of the work performed under this agreement, and shall, unless otherwise provided in this agreement, furnish at project expense the necessary railroad personnel to protect its own operations as required by the regular operating rules of the RAILROAD. All work herein provided to be done by the RAILROAD shall be performed in such manner as not to interfere unnecessarily with the movement of traffic upon the highway. Any watchmen or flagmen necessary to protect or safeguard highway traffic shall be provided by the CITY at its own cost. Any necessary closure of the highway to traffic during the progress of the work shall be made only with the approval of CITY. SECTION 11. It is understood and agreed that the project herein contemplated is to be financed with the aid of funds appropriated by the Federal Government and expended under Federal regulations; that all special provisions, plans, estimates of cost, specifications, awards of contracts, acceptance of project work and procedures in general are subject at all times to all Federal laws, rules, regulations, orders and approvals applying to it, as a Federal project. SECTION 12. In the event that delays or difficulties arise in securing necessary approval, • or in acquiring necessary right-of--way, or in settling damages or damage claims, or for other reasons, which in the opinion of the CITY or INDOT render it impracticable to utilize Federal Page 4 of 8 funds from current appropriation for the construction of the project, then at any time before actual project work is started by the RAILROAD pursuant to proper approval or authority, the CITY, • through INDOT, may serve formal notice thereof upon the RAILROAD and said project shall thereupon be cancelled and become null and void. The CITY, through INDOT, shall reimburse the RAILROAD for all costs incurred by the RAILROAD at the written request of the CITY or INDOT on account of the said project work prior to such cancellation. SECTION 13. In accordance with Federal Aid Policy Guide 23 CFR, Subchapter G, Part 646, Subpart B, Section 646.210 (b)(1), issued December 9, 1991, the construction of the grade crossing and the installation of grade crossing warning devices are found to be of no ascertainable net benefit to the RAILROAD and the RAILROAD shall not be assigned liability in the projects costs. SECTION 14. The CITY shall require its contractor to take out, before work is commenced and to keep in effect until work is completed and accepted, a Railroad Protective Public Liability Policy of Insurance in the name of the Railroad, said policy to be in the form specified in the Federal-Aid Policy Guide 23 CFR, Part 646, Subpart A issued December 9, 1991, and any subsequent amendments or supplements thereto, which are incorporated herein by reference. The maximum dollar amounts of coverage with respect to bodily injury, death, and property damage, is limited to a combined amount of two million dollars ($2,000,00.00) per occurrence with an aggregate limit of six million dollars ($6,000,000.00) for the term of the policy. The policy of insurance specified in this section shall be with a company authorized to do business in the State of Indiana. Further, the City's contractor will certify that he has Contractor's Public Liability and Property Damage Insurance in the amounts indicated in the contract Special Provisions. • SECTION 15. The CITY shall require its contractor(s), upon completion of the work of such contractor(s), to remove from within the limits of the Railroad's operating right-of--way all machinery, equipment, surplus materials, falsework, rubbish, or temporary buildings of such contractor(s), and to leave the operating right-of--way in a neat condition, satisfactory to the Chief Engineer of the RAILROAD or his authorized representative. SECTION 16. Pursuant to Indiana Code 22-9-1-10, the RAILROAD shall not discriminate against any employee or applicant for employment, to be employed in the performance of this agreement, with respect to hire, tenure, terms, conditions, or privileges of employment or any matter directly or indirectly related to employment, because of race, color, religion, sex, disability, national origin, or ancestry. Breach of this covenant may be regarded as a material breach of the agreement. SECTION 17. Upon completion of the project, the RAILROAD shall at its own cost and expense maintain the grade crossing and operate and maintain the grade crossing warning devices in proper working condition including the renewals as may be necessary, except as may otherwise be provided by law. SECTION 18. Upon completion of the project, the CITY shall at its own cost and expense maintain, or by agreement with others provide for the maintenance of the roadway facilities including the drainage thereof. :] ,, Page 5 of 8 SECTION 19. If, at any future time, the parties hereto agree that .the need for the grade crossing warning devices herein contemplated has ceased to exist at the herein designated location, • the RAILROAD may with the approval of the CITY remove and/or relocate said devices to any other crossing on its lines in the CITY. The proposed devices shall become the property of the RAILROAD or its successor(s) or assign(s), except in the case of termination of the RAILROAD or its successor(s) or assign(s), as an existing carrier by rail in the State of Indiana, in which case title to the devices shall revert to the CITY. SECTION 20. This agreement shall be construed in accordance with and governed by the laws of the State of Indiana and suit, if any must be brought in the State of Indiana. SECTION 21. This agreement shall be for the benefit of the parties hereto only, and no person, firm or corporation shall acquire any rights whatsoever by virtue of this agreement, except the CITY and the RAILROAD and their successors and assigns. [Remainder of Page Intentionally Left Blank] U Page 6 of 8 THIS AGREEMENT shall be binding upon the parties hereto, their successors or assigns IN WITNESS WHEREOF, the parties have caused these presents to be executed by their proper officers' thereunto duly authorized. ATTEST: CSX Transportation Inc. _, i ~-- BY ~ ~L~.~. w~~~; R1~eHEL E. GEIERSBACH Dale W. Opllardt ............ ~ .....spot'at~.s~s:cerar~ :.............. ~~#~ ~~i~~~ :~?~~i~~.~.~w~9~ :u~~i~n..... , City of Jeffersonville Board of Public Works Approved As To Form And Legality Date approved STATE OF INDIANA Phelps H. Klika, P.E. Chief, Division of Design Indiana Department of Transportation APPROVED Date Page7of8 Member Member ~~~Ig~~ Park ~~~ ~ e v~e ~ ~~ ~_ ~~ . - . _ `.~• ' ~~~.•.,; ~~ p\, ~ ~~ c~ ~ ~ a~ , 1'~ ~ _ . ~ ~ ./mar--- - a. -, Trailer r e'. ~e _ _. / ~ aPa '~\.r . Park o . ~• ~ e~ ~ _.:~--~~ ~ \ % ~ .o o ~ ~ /~~i- ~. 0 o t ~~• ~.•',. ,~. ., 000 ~ ~ /~~ :c~~• .~. r ~~' ~ , ~ ' ~~33 ' o i~ '1 ~ ~ ~% ~ rj~ ~ ~111OA ~• O ~ r ~~.. ~, n 33 ~a his ~-. ~ ' • • 1 ~ % G . ~ (~ 1 . o ~ 'y.j i ~ '- 1 ~ 31 \ of 1 t 5~. P~~` .1 ~. a ° i `. • r t ~• ~ o •• --~' ;~ ~.~ •.. ~ i ~, to To~kers , ~~; ~~` - = ~ , ~ _ . ~•:, o ~ - p " _ (WAVE) ~. 2 Q~ ~ - say - ~~~ - ~~ gyp,, ~- , ~f . ~--- S~ ~~ ;, ~~`0... I~ . a , ~ i J/~ n~ l\~ j' ate. •~~ • ~~~Ii$~T; ~- ~~~ ~_ 2 THIS PAGE INTENTIONALLY LEFT BLANK EXHIBIT 2 APR. -12' 02(FRI) 0802 GS~T ENG. FiATERIALS TEL-909 245 1030 P. 002 .1 CSX TRANSPORTATION, INC. Page 1 of 3 FORCE ACCOUNT ESTIMATE • ACCT. COGc :709 - IN0200 Pub EB - 3 GFP ESTIMATE VOID AFTER: 1 211 2120 0 2 LOCATION: Jeffersonville. Clark Co., IN DOT NO.: eQ ndin9 DESCRIPTION: Installation of New Road Crossino. Intercity Road (Full Depth Rubber Crossing Surface) DIVISION: Louisville SUB-DIV: Hoosier - Nabb Branch MILE POST: B-49.50 DRAWING NO.: _ DRAWING OATS: _ PRELIMINARY ENGINEERING: Labor (Non Contract) 7 Days ~ S 250.00 S 1.750.00 Surcharge 54.34% 5 950.95 Outside Engineering SeNices 1 LS S 500.00 5 500.00 Expenses S 329.00 Subtotal S 3,529.95 CONSTRUCTION ENGINEER1NG11NSPECTION: Labor (Non Contract) 3 Days @ S 250.00 5 750.00 Surcharge 54.34°~ S 407.55 outside Engineering Services 1 LS S 500.00 5 500.00 Expenses S 141.00 Subtota( S 1,798.55 FLAGGING SERVICE: (Contract Laborl • Labor (Conductor-Flagman) ~ 0 Days Gm 5 5 La>7or (Foremanllnspector) 10 Days ~ 5 220.00 5 2,200.00 Insurance 21.00% 5 462.00 Surcharge 93.80% (Transportation Department) 5 - Surcharge 63.97% (Engineering Department) S 1,407.34 Per Diem (Engineering Department) 0 Weeks ~ 5 198.75 S - Expenses 1 LS ~ 500.00 5 500.00 Subtotal S 4,569.34 SIGNAL WORK: TO BE FURNISHED_BY THE SIGNAL prPARTMENT IN JAX Temporary (Details Attached) 5 - Peiman"enl (Details Attached) 5 136,226.72 ~ ? Subtotal $ 136,226.72 r• COMMUNICATIONS WORK: Temp"ovary (Details Attached) S - Permanent (Details Attached) S - Subtotal 5 - File: ~NO~-Su~a~ FAE EXHIB:IT.: 3 APR. -i6' 02 (Tt;EI 12:22 TEL:9~)42d5102v ~- CSX TRANSF'ORTATION,WC.•- FORGE ACCOUNT ESTIMATE F. O;i2 Fage 2 of 3 • ACCT. COpE :709 - iN020C Pub E6 - 3 GF? TRACK: LABCTIX Traffic Control 0 MAN-HRS S 19.50 $ - Remove Track 60 MAN-NRS S 19.50 5 1,170.GU Renew Cross Ties 48 MAN-HRS S 19,50 ~ 936.00 Renew Rail 48 MA.N-NRS 5 19,50 S 936.OG Install QTft4 4S MAN-HRS 5 19.50 S 936.00 Install Field We{ds 168 MAN-FIRS S 19.50 3 3,276.CU insiali Geo-T'exti;e Fabric 8 MAN-HFtS 5 19.50 5 156.00 lnstail Sub-Orairs ~ MAN•HRS 5~ 19.50 S 546.00 Instal! Ballast 24 MA.N-FIRS $ 19.50 S 46b.00 Line and S;,rface 4d MAN-FIRS S 19.50 S 936.00 Instaltcrossing Materials 2ao MAN-HRS 5 19.50 $ 4,680.00 Install Bituminous Pavement 8 MAN-HRS S 19.50 $ 156.00 o MAN•FiRS ~ 1 s.5a 5 - 0 MAN-HRS 3 18.50 S - 0 MAN-HRS 5 19.50 S - Clean-Up 4$ MAN-riRS $ 19.50 S 936.~C Insurance 21.00% S 3,177.72 .Surcharge 63,97% S 9,679.94 Subsistence 97 MAN-D,>Y $ 55.00 5 5,335.00 Subtotal $ 33,324.fi6 TRACK: MATBRiAL • Cross Tips, Main Line ~ cA S 25.25 S 3,307.75 Rail. 138RE, New 312 LF S 9.40 5 2,932.130 MIs:..OTM 1 LOT S 2.000.00 $ 2,000.00 Geo-Textile Fabric 2 RL S 250.00 5 500.00 Sub-Drains 280 LF S 6.00 5 1,680.00 Ballast 131 NT 5 15,00 S 1,9fi5.00 Field Welds - 136# 10 EA 5 55.25 S 552.50 Field Welds - 115# d FJ~ 5 55.25 5 22;.00 Transition Rails 136#1115# 4 EA $ 1.050.00 S 4,200.00 Concrete Fuli Width - 0 TF S 225.00 $ - Cancrete/Rubber Xing (GSX) - 0 Ti= $ 135.00 $ - Rubber Crossing, Futl Depth 120 TF $ 280.00 $ 33,600.G0 Sid Ticjiber Crossing 0 TF S 60.00 S - Timber/Asphalt Crossing 0 TF S 35.00 $ - RubbeNAsphalt Crossing (GSX Standard) 0 TF S 87.00 S - Bituminous Material Q NT S 70.00 S - hlaterial Handling 5.00% $ 2,547,95 Subtotal $ 53,507.00 CONTRACT: Asphalt Paving -City's Responsibility 0 NT S 110.00 S - Disposal of V~Caste Materials 196 TF S 10.00 S 1,960.00 Maintenance of TraffC 0 OAY S 300.00 ;~ - Suk>;total $ 1,960.00 • - E~~.~IT...3 File: IN020o-Surface FAE rr ~' 1 p ~~1~~ G-A APR. -16' 02 (TGE) 12:2? TEL:9{)~?~~1020 P. UG3 . CSX TRANSPORTATION, INC. F4RCE ACG~UNT ESTIMATE ACCT. CODE :709 - 1NG200 pub E~ - 3 GFF' __ Page 3 of EQUIPMENT f2EN7Atr. Gang Truck 25 OA`! S 180.40 S 4,510.0© Boom Truck 8 bA'' S 304.16 S 2,433.28 Dump Truck 7 OA" S 283.C4 5 1,981.28 Backhoe 15 bA" 5 141.84 S 2,127,60 Compressor 15 bA" $ 113.52 S 1,702.80 Air Dri11/Wrench ~ DA`! S 11.52 S 172.80 Tie Tamper (CAT`j 0 DA`• $ 1,580.16 $ - 7ie Tamper (Production) o DA`! $ 785.60 5 - Tie Tamper (Utility) ? DA" 5 785.6G 5 1,571.20 Bauast Regulator 2 DA`' S 285.60 S 571.20 Roder 0 DAl' S 39,'12 S - Barricades o qAl' S - 5 - Subtotal TRANSPORTATION; Subtotal 1 LS S 4,000.00 WORK TRkIN: Subiotxrl 0 DAY S 2,Ofi0.10 • SALVAGE: Ra11 7.51 NT $ 55.00 OTM i .96 NT $ 75.00 Subtotal CordTINGENCIES: 10.00% (Excludes Sig_ & Comm,) GRANb TOTAL •pw-.1r~•^u ~~wwwwwwwww}t}}t~~p~~ww,~:wwwwwwrt}~~~~}R ol~asloN of cost: $ 15,070.16 $ 4, 000.00 $ 4, 000.00 S 5 S (488.15) S (147.00) 5 (835.15) S 11,7fi9.61 S 265,'120,85 Agency 100.009b - - S 265,120,65 • Raifroad 0,00% S - ~ f TOTAf_ Aw}w}.,~}_*}.-.._.....>....•,~.}w~,...,.-Y_t}k}}.,.}~.,.,. S 265.120.85 -f Office of District Project Engineer - Cincinnati District, Fort 1/Vright, KY Estimated B}~: O.J. Fci*_s Telephone: 859-344-8 ". 37 DATE: 12112!2001 REVISED: Form last Revis`etl: September 20.2001 NOTE: This estimate is based on >`Ut_L CROSSING Cl.OSUF(E during work by Railroad Forces, • E~~III~IT:::~. Fik: INO204-$uriace FAE ~ APR. -lb' 02(1~~1;) 12:2 TEL:9Ud245112G P. OG~ . ~ ~: ~ - r ESTIMATE: 99Q2441-20620 CSC T~v4NSP~RTATI~N .. _ _ ._~. EBTINIATED COST T4 INSTAI..L !,La'TC7f~~,~TiCALLY CdNTROLi-ED CAtdTILEVERS ,4ND GATES JEFFERSONV!l~LE, I!v IPJTERCIT'Y RD. OP#: I N0200 ~',AR#: NE1N PROJECT#: IN20~J0070 SUMMARY MATE R1AL: $82,149.76 SALES TAX: $0.00 LABOR 1NSTALLI~lG: CONSTRUCTION: 93 MAN DAYS 519,155.00 SHOE: 5 MAN DAYS $705'.':~i . ;;:-~~'S~TFN c 4s_i O',NANCE: ~ ~:; oG0.00 R:.ILRUAD ENGINEERING' PRE?_IMINARY: $1.,980.19 RAI! P.~_,AD ENG!NEERINC--, CONS'i Rl,•~ T ION: Si,B:'0..'0 ~,GDITI'JES TG CO.'vSTF~UCTION i. ~1BOR: 5~6,27B.55 ADDITIVES i"y EN(.a1NEERING: 55,u25,57 AppiT1VES TO SHOT' LABOR: 5721.00 EQUIPMENT EXi7EN$E: $7,000.00 WASTE MANAGEMENT: $240.00 CONTRACT ENGINEEi21NG INVC3iCE: (CAT'.-51,954.00+CAT2-$2,750.00+CAT3-51,333.97 56.033.97 FREiGi~-IT: 52,400.00 220 VAC POWER SERVICE: 50.00 ESTIMATED SALVAGE: 51.00 DaTE; ztz~~zooz ESTIMATE BY: SAFI;TRAN SYSTEMS CORP. NC1TE: THfS ESTIMATE SNOUI.D BE CONS1DErZED'JOlL~ ONE7EAR FFtQM THE DAi~ OF ESTIMATE REV.9~-3 ~_ EXHIBIT 3 Total Estimated Cost $136,228.72 APR. -16' 0? f1CE) 1'_:?~ TEL:9i)4?~~10?0 P. ilC Field Material List for CSX Pro'ect: IN2000070 (t=ffective: 02/14/2002) INSTALL, AUTOMATICALLY GO~TROI.LED CANTILEVERS AND GATES • Jeffersonville, IN - B 49.50 Catalog Num Cond Unit Price Qty Cosf Description 020-0013475 1 1.48 130 192.40 CONNEC'70R TRACK D&W SSP7 OR ERICO SSPAC3ACSX APPLY 3/16" 020-0013906 1 4.37 350 1529.x0 CABLE UG 16 CppfD 6 NO 6 AWG so;.l~ c 1a NO 1a AwG sous C 020-0014000 ~ ~ 1 3.03 '100 303.00 CABLE UG 10 COND NO 9 AWG' SOLiQ C CSX SPEC SS796 SHOW 020-0014605 1 2296.80 2 •=593.60 FOUNDATION 5'-6-tI2" SECT PRECAST CONCRETE ASSY BOLT 020-0052475 i 3.30 4 13.20 AR141 GCSX2719S SHORT EXTENSIOf~ 7-114" LG P.LUMINUM ALSO 020-0052920 1 0.44 5 2.20 BAhC C-`04 BAND IT 1/2" SS BURCO QRDER BY THE FT 020-0052921 1 0.31 4 1.24 BUCKLE r;-254 BAND 17 1;2 (N SS BURCO 020-0053065 1 2.63 87 176.21 BcJND 3116" X 6-1/2" STYLE XS RAIL HEAD WiWELD METAL ~ 020-0053245 1 1.1G 150 165.00 CABLE UG 3 COND NQ 9 AWG SOLID C CSX SPEC SS796 SE;OW 020-0456424 1 60.42 4 241.68 BRAGKEI' SIGN 10" MAST W1SPLIT BOLTS FnR ALL SIGNS REC1UlRING 020-0056463 1 4963.00 2 9926.00 SIGNAL 0.2286 HWY CROSSING GATE AS;~Y CSX DWG SS222 lNCL 020-0057275 1 0.68 350 238.00 WIRE UG TRK 7W1ST PAIR NO 6 AWG SOL C NEOPRENE JKT CSX 020-0x68633 1 6107:50 ~ 2 12215.00 SIGNAL 023156 HINY XING 24 ALUM 1-MAST CANTER FL LT ASj`f 020-1040302 ~ 'I 139.04 7 y73.28 BATTERY GNB 50A07 ABSC)L"fE I1 P . 160AH LA MAINTENANCE FREE 02r-1040304 1 167.48 6 1004.88 BATTERY GNB 50A1 i AL3SC)LTE LIP 265AH :.~, MAINTENAt~lCc FREE 020-iQ4a306 '1 ~ 231.55 6 . 1389.30 BATTERY GNB 50A~15 ABSOLTE LIP ~ .. .. 370AH L,y MAINTENANC,E FREE 020-1040540 ~ 27.18 2 54.36 TRAY PVC BAIT FIBEF~ CO 82687-1-P 12" WIDTH 24" LONG 020-1040550 i 37.89 1 37,89 TRAY PVC- GATT F113ER CO 82687-3-P 12" WIDTH 38" 020-1160750 1 0.43 156 67.08 BOND STf~AND 3/16" DIA 7 STRANDS OF 19 STR EACH 6 WITH 020-1153551 1 1.55 $ 12.40 CLIP TRK'NIRE RETAIN ER1C0 SBA2486 :iPRING STEEL SAE 1075 020-1360014 1 693.11 7 693.11 PACKA.aE FC)REMANS CARTE FOR ALUMIfvUAR TYPICAL BOM FOR USE 020-1360016 1 15.39 1 15.39 PACKAGE SAFETY & SECURMENT Wl7N 1 EA CAUTION TAG 1 E4 020-1380103 1 943.41 1 943.41 LAYpUT METER SERVICE WITH 25' PQl_E CSX DWG SS351 SH 2 ITEMS 020-1501690 1 4.20 175 735.00 CABLE UG 9 COND NC 6 AWG SOLID C CSX SPEC 55796 SHAW 020-2060060 1 372.78 2 745.56 FOUNDATION ASSY 5'-7" HT TYPE S-2 SECTIONAL PRI=CAST 020-3901$95 1 81.Ofl 2 162.00 TIP FLEX HWY CROSSING GATE 24 1N LONG RED ~ V~dHITE STRIPES 020-3920200 1 185.88 1 185.88 BELL GCWD ELI=CTRONIC 4" OR 5" MAST 8 TO i$ VOLTS DC GSI PN 020-3930010 1 3.60 2 7.20 KIT GATE ARM WARNING STICKER KIT iNCLUUES 1-FA 5"X3" 020-4200340 1 1.04 47 48.88 LINK TEST OFFSET.L(NK 11N CENTERS INSULATED W/SPECIAL ~XHIBIT.._3 Page 2 of 4 ~stjm~~: ~1 ~$ r _ ~ 02125f2002 APR. -lb' 02(TUE) 1224 TEL~4;424b1020 P. 008 Co~sumables List for CSX Project: INZ000070 (Effective: 02114/2002) INSTALL AUTOMATIC.~-1..LY CaNTROLl.ED CA1+ITiLEVERS AND GATES • Jeffers anvill~a, iN - 8 49.50 Catalcg Nurn Ccnd Unit Price Qty Cost Description ,!/A 200.00 10 2000.00 FILL MftTERIAL 10 CUBIC YARDS N!A 800.00 1 , 800.00 WALKWy~Y ROCK, 10 CUBIC YARDS 020-0017605 1 0.20 350 70.G~ WIRE CASE 10 AVVG FLEX CSX -' "~ SPEC SS798 OKONITE . 02Q-0017607 1 0.50 500 250.OG WIRE CASE iYJ PR NO-i0 AWG"' - FLEX CSX SPEC S5796 Tlh'IST 2 020-0017625 1 0.33 150 49.50 VIlIRE CASE TW PR NO 14 AWG 020-0017630 1 0.11 200 FLEX CSX SPEC SS79v TWIST 2 22.00 WIRE CASE. NQ 16 AWG FLEX CSX SPEC S5T95 FURN 1000 FT SPOOL 020-0017635 1 0,75 130 97.$0 ~~1~IRE SICNP.L DEL 018 NO 6 COPPER STRANDED SINGLE X20-002861q 1 0.49 100 49.00 TERMINAL RING AMP 35628 YELL0IN PLASTI-BOND HVY DUTY 020-326'1970 1 8.91 2 17.82 pECAL ASSY 2" BLACK PRESSURE SENSITIVE VINYL PRE-MASKED 020-420C880 1 C.57 2 1.02 CONNECTOR TERMINAL 2-3/8" 020-4200892 1 0.42 27 CENTERS AAR 14.1.'(5-4 NICKEL 11.;}4 CONNECTOR TERMINAL 1'' CENTERS AAR 14.1.15-3 NICKEL PLATED 020-11251190 1 O.SB 120 67.20 TERMIN,4! RING AI41P 35627 BLACK ~' PLASTI-BOND WIRE SIZE 1x12 020-4261290 1 0.62 30 18.60 TERMINAL V'1(RE AMP 322051 BLUE 020-421295 1 G.55 E V4'IRE SIZF_ NO 6 AWG 1/4" STUD 3.3n TERMINA'.. ~lltlRE AMP 322007 BLUE WIRE SIZE NQ 6 AWG 3(8'.STUD • 020-999n992 1 5u.oo 1 50,OO HOUSc, SIGNAL 1-IANDLIhIG 450-OOs9212 1 0.02 100 CHARGE, 13URC0 DISTRIBUTION ?, ,00 SCREW 10 X 1" SH7 ~rETAi. PAN 1-117 TYPE A COARSE THREAD Total Cast $ 3549.1$ -~ EX~~B~T 3 - Page 4 Of 4 ~~~s '~~L~~~-Q o2rzs/20x2 January 6, 1978 July 26, 1983, Revised APPENDIX "A" During the perforrnance of this contract, the contractor, (for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor") agrees as follows: (1) Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation Title 49, Code of Federal Regulations, Part 21, as they maybe amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex or national origin in the selection and retention of subcontractors, incuding procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Subcontracts: Including Procurements of Materials and Eguipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under asub-contract, incuding procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex or national origin. (4) Information and Reports: The contractor shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as maybe determined by the Indiana Department of Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the Indiana Department of Transportation, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. Notwithstanding any of the provisions or terms of Appendix "A" as contained within this agreement, it is agreed that the Company does not waive any of its substantive or procedural rights or any of its legal, procedural or factual defenses which it may have under any present or subsequently enacted or modified Federal or State statute, regulation or order. . (5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the Indiana Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: (a) withholding of payments to the contractor under the contract until the contractor complies, and/or (b) cancellation, termination or suspension of the contract in whole or in part. (6) Incomoration of Provisions: The contractor shall include the provision of paragraphs (1) through (7) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontractor or procurement as the Indiana Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Indiana Department of Transportation to enter into such litigation to protect the interests of the State, and, in addition, the contractor may request the United States to enter such litigation to protect the interests of the United States. (7) Nonsegregated Facilities: By submission of this bid, the execution of this contract or subcontract, or the consummation of this materials supply agreement, as appropriate, the bidder, Federal-aid construction contractor, subcontractor, or materials supplier, as appropriate, certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated faalities are maintained. He certifies further that he will not maintain or provide for his employees any segregated facilities ak any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. He agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, Ume-Gocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. He agrees that (except where he has obtained identical certifications from proposed subcontractors and material suppliers for specific Ume periods), he will obtain identical certification from proposed subcontractors or material suppliers prior to the award of subcontracts or the consummation of material supply agreements, exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files.