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HomeMy WebLinkAbout12 Agreement Covering Construction of RoadwayAGREEMENT COVERING ~'= CONSTRUCTION OF ROADWAY APPROACHES CONSTRUCTION OF HIGHWAY-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 AARIDOT #: 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 anew • 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 Special Provisions for Construction of Hi~hway-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 Hi~hway-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 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 1NDOT, 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] 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. ~~ ~C,~-~ BY ~ c~ ~t,~C.~ ~,,C RACHEL E. GEIERSBACH ~al~ ~~• ~~ 3ardt ' o :te Se.tet~......,........... Chief E :gi::e:: vie: i~L$~GD~s~tiuGtioa..... ..............+~LR t City of Jeffersonville Board of Public Works Memb r " Member ~ ~'~ Member Approved As To Form And Legality ~ ~ /~_a- as 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. STATE OF~ /~ ~j~'~~°`' COUNTY OF ~~~'~~ , SS: Before me, the undersigned N/o/tary Public in and florsaid county personally appeared ~~- Gf1 Doh a~~ and ~~`~ ~ ~~sh ~ ~ in their ((~ official capacity as ~ ~ and ~ ~ d~~ of ~- ~~j~( (.2 A.S.^ ~ TATio .~t ~: ,~ .~C. C-eir~~D~ilroa ' ,and acknowledged the execution of the foregoing Agreement on ~,./ thi ~ ~ day of ~ ~~`^' , 2002, and acla~towledged 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 i~~~~r,~~~ ~ ~ ~` ~ „Looms Notary Public ~v//-~.~ /~~,a~-v ~j~~~a~/ Lem County of Residence. Print or type name ~~~~~~" ;;~~'%~••• HOWARD MICHAEL LEE ~,__ MY COMMISSION # CC 854310 '•y~o= EXPIRES: August 2, 2003 "%:~ pF F °:~'~ Bonded Thru Pichard Insurance Agency ACKNOWLEDGMENT for City of Jeffersonville STATE OF COUNTY OF ~~,~~~ , SS: Before me, the undersigned Notary Public in and for said couln~ty personally appeared 0~ t.lt.d >~ t../ ~~~ ~. / / (;~.-~~ 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 Jx~ 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. My Commission Expires ~- ~-U ~ ~~~~~ County of Residence ~/ ~ Not P is ~~~ P_ n ~~_ Print or type Page 8 of 8 ~~_ r Park ~..a: @ v~e ~} 'w 1 ?~1 %ys , ~:.• \,~' ~ ~' v .~ \ .. -- 6" (~ / o'er •_._at ! `~ . - - i ~ /mar--- - a.~ ~. V . •~ ~ ~ .fix .~'~ K '~i ~l ~. ~._ =~ '. -. _.. 'a .._- '--~ - Park p ' A ' o~ - - \ ~ r . \~ ., ., .~~ ~ ~, .y " a • .,~ , N ~ / / , `' • ~ o, ~M '~ ~ ;• r ~ { ~ •., r ~ 0 1 '1 C ~ 'T~ ~--ti . FQilaon •~~ ~• 1 \•' ~• ~ =~ ~ ~ ; a. .. ~ ~ ° ~.~. :6s D - 33 ° /n Cis ~ ~ ` ~i ; . ~ ~ t \ S~ ~ ~ Theft ~ P • ~ ~ ~ `.'"""'_' ~ ~. ~ ' ~o •~1• ~ ii • ~- ~ c C 1 0 3l \ er i . , .. 5 ~ Pi ~ \ •' ~ o ~ I,."• 111/~ : a•y I tT$ `\`.Q!_ , ~-~ ;' ,• .~ . ~ \ C • ~ •' • ~ ~ /~ • • p i y, io To~kers V ~ ,,: ~'';'' (WAVE) o ~ • ~. ZO ~ • .~ ~~~- say 1 A ' \ } \ nQ ~ Q~v \ fz Pa ~~ ~ / ~ '~ } / ~ ./~ f, \ ~ E~I~~$iT; ~- ~-~~F ~.-f ~- 2 THIS PAGE INTENTIONALLY LEFT BLANK EXHIBIT 2 APR. -12' 02(FR11 08:02 CST ENG. ~iATER1ALS TEL:904 245 1030 P. 002 1 CSX TRANSPORTATION, INC. Page 1 of 3 FORCE ACCOUNT ESTIMATE • ACCT. CtDGi= :709 - IN0200 Pub EB - 3 GFP ESTIMATE VOID_AFTER: 1 211 2/20 0 2 LOCATION: Jeffersonville. Clark. Co.. IN DOT NO.: ep ndin9 DESCRIPTION: Installation of New Road Crossing. Intercity Road (Full Depth Rubber Crossing Surface) DIVISION: Louisvitfe SUS-DIV: Hoosier - Nabb Branch MILE POST: B-49.50 DRAWING NO.: _ DRAWING DATE: _ PRELIMINARY ENGINEERING: tabor (Non Contract) Surcharge 54.34°/a Outside Engineering Services Expenses Subtotal CONSTRUCTION ENGINEERING/INSPECTION: Labor (Non Contract) Surcharge 54.34°~ Outside Engineering Services Expenses Subtotal FLAGGING SERVICE.: (Contract Labor) • Labor (Conductor-Flagman) Labor (Foremanllnspector) Insurance 21.00% Surcharge 93.80% (Transportation beparimenQ Surcharge 63.97°~ (Engineering Department) Per Diem (i=ngineering Department) Expenses Subtotal 7 Days @ 5 250.00 1 LS $ 500.00 3 Days @ S 250.00 1 LS $ 500..00 0 Days ~ 5 - 10 Days ~ $ 220.00 S - 1,750.00 $ 950.95 S 500.00 S 329.00 $ 3,529.95 $ 750.00 $ 407.55 $ 500.00 $ 141.00 S 1,798.55 5 - 5 2,200.00 $ 402.00 $ - S 1,407.34 5 - S 500.00 0 Weeks ~ $ 198.75 1 LS 5 500.00 SIGNAL WORK: TO BE FURNISHEO_BY THE_SIGNAL_DEPARTMENT IN JAX Temporary (Details Attached) Pe~rnan"enl (Details Attached) r ' Subtotal COMMUNICATIONS WORK: Temporary (Details Attached) Permanent (Details Attached) Subtotal • 5 4,569.34 $ - 5 136,226.72 $ 136,226.72 $ - 5 - S - Fire: ~NOZOO-s~rta~ FAE EXHIBIT..: 3 APR. -i6' 02(Ti;EI i2~22 TEL~9942d5102u F 0;12 CSX TRANSPORT/XTION, INC.•- Fage 2 of 3 ~~ FORGE ACCOUNT ESTIM,4TE • AGCi'. CODE :709 - lNOZOG Pub E6 - 3 GF,a TRACK: LApQR Traftc Control 0 MAN-HRS S 19.50 $ - Remove Track 80 MAN-NRS S 19.50 5 1,170.OG Renew Cross Ties 48 MAN-HRS S 19.Sa S 936.00 Renew Rail 48 MA.t~-NR8 S 19,50 S 936.OG Install QTtiq 4E MAN-HRS S 19.50 5 936.00 1n5*.all Field Welds 168 MAN-FIRS 5 _'9.50 3 3,276.CU install Geo-Texti:e Fabric 8 MAN-FIRS 5 19.50 5 156.00 Install Sub-brains ~ MAN•FiRS S 19.50 S 546.OG Install Ballast 24 MA.N-HRS $ 19.50 S 466+.OG Line and S;.~rface 4d MkN-FIRS S 19.50 S 936.00 Irstalt Crossing Materials 24o MAN-HRS S 19.50 5 4,6ti0.OC Install Bituminous Pavement 8 MAN-HRS 5 19.50 5 156.00 0 MAN•HRS S 19.50 S - G MAN-HRS 3 18.50. S - 0 MAN-HRS ~ 19.50 S - Ctean-Up ~ MAN-HRS 3 19.50 S 936.00 Insurance 21.00°/a S 3,177.72 Surcharge 63.97% S 9,679.94 Subsistence 97 MAN-D.~Y 5 55.00 S 5,335.oa Subtotal $ 33,324.66 TRACK: MATSRIAL • Cross 'dies, Main Line .]~ ~ S 25.25 5 3,307.75 Rail. 136RE, New 312 LF S 9.40. S 2,932.80 Mis;,. OTM ~ LOT 5 2.000.00 $ 2,000.00 Geo-Textile Fabric 2 RL 5 250.00 S 500.00 Sub-grains 280 I-F S 6.00 5 1,680.00 Ballast 131 NT S 15.00 S 1,965.0 Field Welds - 136# 10 EA, 5 55.25 S 552.50 Field Welds - 115# 4 F~ $ 55.25 S 221.00 Transition Rails 136#111 S# 4 Ea S 1.050.00 $ 4,200.00 Concrete Full Width Q TF S 225.00 $ - Concrete/Rubber Xing (GSX) 0 Ti= $ 135.00 $ - Rabbet Crossing, Futl pepth 120 TF S 280.00 $ 33,600.00 SaCd Tic>;iber Crossing 0 TF S 60.00 S - Timber/Asphalt Crossing 0 TF S .35.00 S - RubbeNAsphalt Crossing (CSX Standard) p TF S $7.00 S - 8tuminous Material Q NT S 70.00 S - )llateriai Handling 5.00% S 2,547,95 Subtotal $ 53,507.00 CONTRACT: Asphalt Paving -City's Responsibility 0 1VT 3 110.00 $ - Disposal of Vuaste Materials. 196 TF S 10.00 S 1,960.00 Maintenance of Traffic 0 OAY S 300.00 S - su~totzl $ 1,9eo.co • - E~~.~IT._3 File: IN02~0-Surface FAE /T~ 7}'~,~ /may'" ' 'F~~~~~1 'J fir--a1 APR.-lb'tl2(TGc) 12:22 TEi,:91)~2~~1020 P.IJC3 ~: • CSX TRANSPQRTATION, INC. F4RCE ACG~UNT ESTIMATE ACCT. COOS :709 - IN0200 Pub Eta- 3 GFA __ Page 3 of EQUIPMENT RENTAL.: ' Gang. Truck t5 OAY S 180.40 S 4,510.0© Boom Truck 8 bA`' S 304.16 S 2,433.28 Dump Thick 7 DAB S 283.04 S 1,981.28 Backhoe 15 OA" 5 141.84 S 2,127.60 Compressor 15 bAY $ 113.52 5 1,702.80 Air DriIIIVVr-ench ~ DA`! S 11,52 S 172.80 Tie Tamper (CAT} 0 DA4' $ 1,580.16 $ - Tie Tamper (Production) 0 DAB' S 785.60 g - Tie Tamper (t_itiiity) ? ?A" S 785.6E 5 1,571.20 eailast Regulator 2 DA`' S 285.60 5 571.20 Rolcer 0 DAY S 39,12 S - Barricades 0 J]A~' S - $ - Subtotal TRAMSPQRTATIOPt; SUbtatal WORK TRAIN: Subiotell 1 LS $ 4,000.00 a DAY S z,OSO.10 • SALVAGE: Rail 7.91 NT S 65,00 OTM i .96 NT S 75.00 Subtotal CONTINGENCIES: 10A0% (Excludes Sig. & Comm.) GRANb YOTAL .-u-.~rtR-wrrrwwwwrwwwrwwrrrrrrr~wwa:wwrwww.rrur-ra 5 15,070. ~ 6 $ 4,000.001 $ 4, 000.00 S - S 5 (488.15) S (147.00) 5 (635.15? S 11,769.61 S 265,1zo,85 b[V1SfON OF COST: Agency 100.0036 - S 265,120.85 `' Rsiiroad 0.00%v 5 _ ~ t TOTAL, ww.ww..,..*..,....~...._....w,..,~.-.,.,....---~-.wwww.,~r,rw~.,. $ 265,120.85 _,- .. Office of District Project Engineer Cincinnati District, Fort NJright, KY Estimated By: O.J. Fct*r. Telephone: 859.34.8' 37 DATE:. 12/12/2001 REVISED: Form last Revised: September 20.2001 JVOTE: This estimate is based on FULL CROSSING CLOSURE during work by Railroad Forces. • E~~II~IT.:~~ _ File: Wp200-Surface FAE ' APR. -]o' 02(1L~E) 1225 ~,.~ TEL:9U~2g5i12G ESTIMATE: 99d2d41-20620 CSX T~ANSPt7RTAT1~1N ESTIMATED COST TO INSTA~.L I-,~'TO~~~ATICALLY CONTROLLED CANTILEVERS AND GATES JEFFERSONVILLE, IN INTERCITY RD. OP#: 1N0200 AAR#: N E'•N SUMMARY PROJECT#: IN2000070 MATERIAL: $fi2,149.7b SALES TAX: $0.00 LABOR INSTALLING CONSTRUCTION: 93 MAN DAYS 519,15fi.00 SNOF: 5 MAN IOAYS _ $705 !:~ -~sl~ ~ Fr! ~~ 4L1 owA~,cE: ~-, ._ _......~ - - _. - - -- - - . ~, oG0.00 RAILR~}A1] ENGiNEERfNC, PRE':_IMINARY: g2.,980.1Q RAIL P..~_~,r,D ENGINEERING, COn1S'r Rl.•:;TION: ~ g2,8:'~„•0 ~LDITI'JES 'i"U CO:vS1'RUCT70N !. ~~BOR: •+ _ __ ^ r~~ S~6,27B.5b ADDITIVES i~v ENUINEERING: ~5,~25.57 ADDITIVES TO SHOP LABOR: _ 5727 0~ EQUIPMENT EXPENSE: $7,000.00 WASTE MANAGEMENT; $240.00 CONTRACT ENGINEERING INVOICE: (CAT i~51,950.00 + CAT 2-$2,750.00 + CAT3-51,333.9?~ 56.03.97 FREiGiiT: 52,4.00.00 220 VAC POWER SERVICE: e,Q,00 ESTIMATED SALVAGE: 51.00 MISCELLANEOUS CHARGES: (POWER fNSTALLA.TION) X1,000.00 Total Est m2te~ Cast 1136,228,72 DATE: 2125/2002 ESTIMATE BY: SAFETRAN SYSTEMS CORP. NOTE: THIS ESTIMATE SHOULD 85 CONSiGEr~D VOlL~ ONE TEAR FRCIPA T}iE DATE OF E5TiMATE REV.99-3 • EXHIBIT 3 P. Of, ~ 02(TlE) 12: 2; ~TEL~90~2~1~1020 P.OGa ~Fie(d M IIVSTALI, ztarial Listfmr GSX Pro'ect= IN200807U (Effective: OZIi4/2002) AllTOMATiCALLY GO~TROi.LED CANTiL£YERS AND GATFS • Jeffersonville, IN - B 49.50 Catalog Num Cond Unit Price Qty Gost Descr(ptfon 020-0013475 1 1.48 130 192.40 CONNECTOR TRACK D&W S$PT OR ERICC) SBPAC3ACSX APPLY 3118" 020-0013906 1 4.37 350 1529.50 CABLE UG 16 COPJD 6 NO 6 AWG so;.ly c 10 No la Awe soL1D c 020=0014000 • 1 3.03 •100 303.00 CABLE UG 10 COND NO 9AWG - SC)LID CCSX SPEC SST96 SHOW 020-0014605 1 2296.80 2 4593.60 FQUNCAr10N 5'-6-t12" SECT PREC,4ST CONCRETE Asst BOLT 020-0052475 i 3.30 4 13.20 ARM GCSX2719S SHORT EXTENSIOIti 7.114" LG ALUMINUM ALSO 020-0052920 1 0.44 5 2.20 BAND C-204 BAND 17' 112" SS BURCO aRDER 8Y THE FT 020-0052921 1 0.31 4 1.24 BUCKLE ~~-254 BAND IT 1;2 IN ss BuRCo 020-0053065 ~ 2.63 fi7 176.21 BOND 3116" X 6-1/2" STYLE XS RAIL HEAD WNVELD METAL ~ 020-0053245 1 1.70 150 165.00 CABLE UG 3 COND NQ 3 AWG SOLID C CSX SPEC SS796 SNOW 020-oo56a2a 1 60,42 4 241.68 BRAGKE~' S-GN 10" MAsT w1SPLIT BOLTS FOR ALL SIGNS REQUIRING 020-0056463 1 4963.00 2 9926.00 SIGNAL 0.2286 HWY CROSSING GATE ASSY CSX DWG SS222 INCL 020-0057275 1 o.s8 35a 238.00 WIRE u~ TRK TWIST PAIR NO 6 ~ AWG SOL C NEOPRENE JKT CSX 020-Ot 68633 1 6107:50 2 12215.00 SIGNAL 023156 H1NY RING 24 ALUM 1-M,AST CANTER FL LT AS~`f • •020-1040302 • 'i 139.04 7 973.28 BATTERY GNB 50A07 ABSOL"fE IIP . ' 160AH LA MAINTENANCE FREE 02r-1040304 1 167.48 6 1004.88 BATTERY GNg 50Ai 1 ABSOLTE IIP 265AH _;a, MAINTENANCE FREE 020-1Q403o6 '1 - 231.55 6 . 1359,30 BATTERY GNB 50f~15 ABSOLTE 1tP •. 370AH Lh MAINTEN:~N%E FREE 020-1040840 1 27.1$ 2 54.36 TRAY PVC GATT FIBER C4 826$7-1-P 12" W[DTH 24" LANG' 020-1040550 1 37.89 1 37,$9 TRAY PVC- GATT FIBER CO 82687-3-P 12" WIDTH 38" 020-1150750 1 0.43 156 67.08 BOND STFZgND 3116" DIA 7 STRANDS 0<; 18 STR EACH 6 W]TH 020-1153551 1 1.55 $ 12.40 CLIP T'RK'N1RE RETAIN ER1C0 SBA2488 SPRING STEEL SAE 1075 020-1360014 1 693.11 1 693.11 PA~CKAaE FOREMANS CARE FOR ALUMINUA~ TYPICAL BOM FOR USE. 020-1360016 i 15.39 1 15.39 PACKAGE SAFETY & SEGURMENT WITH 1 EA C%AUTIQN TAG 9 ~ 020-1380 i03 1 943.41 1 943.41 LAYQUT METER SERVICE WITH 25' FQi_E CSX DWG 55351 SH 2 ITEMS 020-1501690 1 4.20 175 735.00 GABLE UG 9 COND NQ 6 AWG SC7LlD C CSX SPEC 55796- SHOW 020-2050060 1 372.78 2 745.56 FOUNDATION ABBY 5'-T' HT TYPE S-2 SECTIONAL PRECAST 020-3901895 1 8i.00 2 162.00 TIp FLEX HWY CROSSING GATE 24 IN LONG RED & V~JHITE STRIPES 020-3920200 1 185.8$ 1 185.88 $ELL GCWD ELECTRONIC 4" OR 5" MAST 8 TC1 13 VaLTS DC GSI PN 020-3930010 1 3.60 2 7.20 KIT GATE ARM WARNING STICKER KIT INCLUDES 1-EA 5"X3" 020.4200340 1 1.04 47 48.8$ LINK TEST bFFSET.LINK 1iN . CENTERS INSULATED W/SPECIAL ~~HIBIT.3 --- - Page 2 of 4 ~stjm~{q. ~1 ~$1-,.- ~ 0212512002 ''02fT0E) 1223 TEL•90d2~~1020 P Ol' Shop Material List for CSX PraJect: 1lV2000070 (Effective: 02/14/2002) °~ rkSTALL aurOMATICAI,LY CONTROLLED G~4NTILt-v1:RS AND GATES • Jeff~ersvnvltle,lN - B 45.50 Catalog Num Cond Unit Price Qty Cast C3escrYpiian 020-00033E8 ~ 6553.00 1 6553.00 HOUSE dX6L ALUM INCLUDES 5 020-0017120 1 '13.41 3 40.23 BLJGK TERM NAL i2 WASINGLE ~~ °020-0017221 1 27'~r .29 1 277.29 TRANS ORM ER 0 U 0 50X ~.tGHT - 020-0017311 1 22.89 12 274.68 RE t TOR 029602-52X ADJ 0 p35R1 020-0021965 1 9.05 1 9.05 EXTRACTaR DWG ETRAlJ PL K326 „ 89688-4 020-0022661 1 48.76 5 243.80 ~ UG OARDRKIT TYPE 6 ~OR ST1 02x0022754 1 75.01 1 75.01 REC ~ FSR SA ~TRA 59000 XH 020-01025595 1 16.94 SILICON'JS1= WfTH SAFETRAN 1 16.94 WRcNC!-i DWG 55393-3 GR1 "E" 020-0053390 1 421.96 3 1265.88 CHARGER SAOTT NR NRSS 2120 SCR o2ao056514 1 4.07 1 9.x7 SOC ~~ ~2 EEt 66 LAY POTTER 020-6660075 1 355.10 1 355.10 ARRE T©R GE 9LtOKAA2~ FOR v ~02a0750090 1 4 99 APPLICATION ON 120 VOLT 3 14.97 NUT INSULATEp SAI;ETRAN 0?0-0770060 1 10.76 4' 505.72 ARREST>~R US&S N451552 0201 020-1940055 ? 5.42 1 5.42 C NTAINERI C RCUIT PR NT 24Gfi . 020-25x2460 1 6957.19 1 695f.19 DETE~TQR I- gRMpN 340 08-200 020 2901190 1 . ~ 9.06 PMO-3R SYSTEM W/8KHZ RSI AND 1 .9.06 RELAY PCB KHAU.t7A12-120 . 020.343011, 1 270.00 SOWER-GFF FOR GENISY3 SYST~-1~1 1 270A0 RELAY SAFETRAN 400004 02x3430115 1 51$.40 1 .518.46 RELAY SAFETRAN44 0005 FBS 020-3430135 1 399.60 Hb-2FS NEUTRAL 500 OHMS CSX 1 399.60 RELAY SAFETRAN 4002132FE 020-3430170 1 426.86 1 426.86 RELY StiFETSF~AN 4 Q800 CSX 6Fi=s 020-3430185 1 378.00 1 378,00 REI..A SAFETF~AN 40070xX14FB 020-x200100 1 s.93 3 17.79 GONNECTO 8US~ ~CE:NTERS W2TH 020-4200340 'I 1 A4 47 48,$8 LINK TES 0 FSET L NKD1 IN R X 020-4200360 1 4,47 9 40.23 LINK NSUI_ TEST42 3 BWISPECIAL 0200000067 1 14.21 2 28.42 OCK AMER~CA,V H p~q C~~ ~ EST 020-8104034 • 1 2421.90 SIGNAL PADLOCK W/BK CHROME •1 2421.90 FZEGORDER EVENT HARMON HAVJK • ASSEMBLY COMPLETE WITH Total Cast: $ 21162.49 • EXHIBIT 3 Page 1 of 4 6stima a ld: 'fQ1 Z ~ o Q2/25/2002 'b' 02(TUE) 1224 TEL:9~~245102C P. 008 Gonsumablsa .List for CSX Project; IN20Q0070 (Effective: 02!14/2002) INSiALI AUTON9ATiC,41.LY C ONTROLLED CAtiTILEVI<=RS AND GABS Jeffersanvitie, iN - ~ 49.SQ Catalcg Num Cend Unit Price Qty Cost Description NIA 200.00 10 2000.00 FILL Mf~TERIAL 10 CUBIC YARDS `, NIA 800.00 1 , 500.00 WALKWf.YR4CK, 10 CU61C YARDS 02p-0017605 1 0.20 350 70.G~ WIRE CASE 10 AiNG FLEX CSX ~~ ~ SPEG SS796 OKQNlTE 020-0017607 1 0.50. 500 ~ 250.00 WIRE CASE iYJ'PR N0~10 AWG~~ - • FLEX CSX SPEC SS79$ Tlh'IST Z 020-0017625 1 0.33 150 49.50 VVrRE CASE TW PR NO 14 AWG FLEX CSX SPEC SS79o TWIST 2 024-0017630 1 G.11 200 22.00 WrRE CASE NQ 16 AWG FLEX CSX SPEC SST96 FURN 1000 FT SPOOL 020-0017635 1 0,75 130 97.50 U1~IRE SIGNAL DEL Oi8 NO fi CAPPER STRANDED SINGLE 020-002861p 1 0.49 100 49.00 TERMINAL RING AMP 35528 YELLOVII PLASTI-BONb HVY DUTY 020-326'1970 1 8.91 2 17.82 pECAL ASSY 2" BAAGK PRESSURE SENSITIVE VINYL PRE-MASKED 020-420C880 1 0.51 2 1.02 CQNNcCTOR TERMINA~ 2-3/$'' CENTERS AAR 14..1.15-4 NICKEL 020200892 1 0.42 27 11.84 CONNEGT4R TERMINAL 1" CENTERS AAR 14.1.15-3 NICKEL PLATED 020-4251190 1 0.56 120 67.20 TERMWA? RING All•1P 35627 BLACK PLASTI-BONA WIFE SIDE 10-12 020-4251290 1 0.62 30 18.60 TERMINA` V'JIRE AMP 322051 BLUE V4'IRE SIZF_ NO 6 AWG 1/4" STUD G20-4251295 1 G_55 6 3.3n TERMINAL. uVIRE AMP 322007 BLUE WIRE Si2L Nq 6 AWG 3/8'.STl1t7 020-999n952 1 5u.oo 1 50.OO HOUSE, SIGNAL I-iANeLII~iG CHARGE, BURCC DISTRIBUTtpN 4.50-009212 1 0.02 100 ?. .00 SCREW 1~] X 1" &H7 A~ETAi- PAN Hta TYPE A CQARSE THREAD 7'ot<-,t Cost ~ 3509.28 ---- - -~ EX€~iBT 3 Page 4 Of 4 ~.L'~~;. ~~1~z~ 02/25/2402 P. ~C~ ~~ s~w saPT oR ~pLY 3(16" ~O 6 AWG souo c 9 AWG' T96 SHOW SECT ~SSY BOLT ~T EXTENSIO~~ _~O '2" SS FT 1;2 IN YLE XS ETAL ~ 9AWG '.796 Sf;OW ,ST W;SPLIT REQUIRING tOSSING SS222 1NCL FAIR NO 6 JE JKT CSX ;ING 24 t T ASST A L"fE IiP . ' IC~REE ABSOLTE UP JCE FREE AESOLTE {1P yC,E FREE R GO ' 24" LANG' F~ CO 38" DIA 7 EACH 6 WITH ,IN ER1C0 EEL SAE 1075 S CARE FOR BdM FOR USE SECURMENT TAG 1 EA .VICE WITH 25 51 SH 2 ITEMS IO 6 AWG 35796 SHOW s'-r' wT TY('E CAST USING GATE 24 TE STRIPES 2ONIC 4" OR 5" S QC GSI PN NING STICKER >;°x3., L~SP ECIAL ....._ O2J25/2002 ~' 02 (TGE) 1 ~ ~ 2d TEL ~ 9!~42~~,020 ?~ OC ~ _ ~ Catalog Num ~_ ._ Fi~td Matertat list for CSX Prcject: 1N2000Q7C- (Effective: 02/14/Z702) INSTALL AuTOMA7icALLY COrtrRrJLL.EO CAAITILEYERS A:NO GATES JeffersonvEile,1M - B 49.5t} Ccnd Unit PRCe Clty Cost Description 020-4200900 1 020 10 2.00 CONNEGTQR SHEATHING AhAP 329880 FOR NG. 74 WIRE 020-9999991 1 100.oa ~ 100.40 s1.OCKING AVp B~CING i=OF~ PRJ.JEGTS BURCG? DIST 50-OQ1 0780 2 ~' 1 ' ' ' 6.05 110 ' 665.50 COt~IpUIT'G~V RIGIp 4"STL 10 " " . i_EPd3TM W/T'APER~D THREADS ON 360-0006100 1 33.4-4 1 35.E STOOL ~a'TEP VdOOD 14":( 20" SIGNAL MAItvTA1NcRS CSXT 360-0800145 4.3~i 1 4.39 BROOM l.1',4f;EH~JUSE C4ftN NVY DU r'! ib30Q Total Ca=t: $ 37477.58 EXHIBIT 3 oagc 3 of 4 ~f~: f915~Q~~n 02/2512002 'b'02iTUE) 1224 TEL~9)~24~102p P. 008 `` Go~sumablea LIst for CSX Projec#: iNZ00a070 (Effective: 0 211 412 0 0 2) • (iVSiALL AUTOMATiCA1.LY CONTROLLED CAh1TfLEVEiZS AND GATES Jeffersonville, iN - !~ 49.50 Catalcg Nurn Cend Unit Price Qty Cast Description '~ ,y/A 200.00 10 2000.00 FILL MfITERIAL, 10 CUBIC YARDS , N/A 800.00. 1 500.00 WALKW~tY ROCK, 10 CUBIC YARDS 020-0017605 1 0.2.0 350 70.G~ WIRE CASE 10 A'vVG FLF..X CSX SPEC SS796 OKONITE ~~ ' 020-0017607 ~ 1 0.50. 500 ~ 250.00 WIRE CASE i~dJ~PR N0~10 AWG" - FLEX CSX SPEC SS736 T11`'IST 2 020-0417625 1 0.33 160 49.501rViRE CASE TW PR NO 14 AWG FLEX CSX SPEC SS79o TWIST 2 020-0017630 1 G.11 200 22.00 WIRE CASE NC 16 AWG FLEX CSX SPEC SS796 FUR[v 1000 FT SPOOL 020-0017636 1 0,75 130 97.50 1~1~IRE SICNA.L DEL 018 NO fi COPPER STRANDED SINGLE X20-0028610 1 0.49 100 49.00 TERIVIiNAL RING AMP 35628 YEL.LOVti1 PiASTI-BONb F1VY DUTY 020-3261970 1 5.91 2 17.82 DECAL ASSY 2" BLACK PRESSURE SENSITIVE VINYL PRE-MASKED 020-420C880 1 C.51 2 1.02 CONNcCTOR TERMINA~ 2-318" CENTERS AAR 14.'..'t5-4 NICKEL 020200892 1 0.42 27 11.34 CONNEC'fORTERMINAL 1" CENTERS AAR 14.1.15-3 NICKEL PLATED 020-4251190 1 0.56 120 67.20 TERMINAL RING Ah1P 35627 BLACK PLASTI-BOND WIFCE S1~E 1Q-12 020-425129t~ 1 0.62 30 18.60 TERMINAL WIRE AMP 322051 BLUE V4'IRE SIZF_ NO 6 AWG 114" STUD u20-421295 1 G_55 6 3.301 TERMINA_ WIRE AMP 322007 BIrUE WIRE SizL NQ 6 AWG 3/8'.STl1b • 020-9998992 1 5U.00 1 50.00 HOUSE, SIGNAL HANDLING CHARGE, $URCO DISTRIBUTION 450-009212 1 0.02 100 ?, .00 SCREW 1~OX 1" SHT rtETAi. PAN ND TYPE A COARSE THREP,b '. Toni costs 3509.28 EX~-iiB~T 3 Page 4 of 4 ~?~~,: '~~1~~ t?2125/2002 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 teases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, incuding 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. F (5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this ~t8' 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) Incorporation 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 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 Gause, and that he will retain such certifications in his files. (Nr ~v