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Home My WebLink About12-02-2002MINUTES OF THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF JEFFERSONVILLE, INDIANA DECEMBER 2, 2002 Mayor Galligan called the meeting to order at 9:45 a.m. and on call of the roll those members present Were: City Engineer Miller and Parks Director Elliott sitting in tbr Councilperson Frantz. Also present were: City Attorney Galligan, Vehicle Maintenance Director Drury, Planning and Zoning Director Padgett, Parks Director Rick Elliott, Street Commissioner Grant, Fire Chief Mike Smith, Building Commissioner Gavin, Engineer Dixon, Animal Shelter Office Manager Gartelman, Animal Shelter Director Wilder, Wastewater Treatment Director Crawford, Systems Coordinator Davis and Clerk Lynne Mayfield City Engineer Miller made the motion to approve the payroll as presented, seconded by Parks Superintendent Elliott and carried unanimously Mayor Galligan asked if there is anyone on the payroll that he or Personnel Director Ellis doesn't know about. City Engineer Miller made the motion to approve the minutes of 10-28-02 and 11-18-02 seconded by Councilperson Frantz and carried unanimously. GLENN LEWIS CONDEMNATION City Attorney Galligan asked the Board to confirm the condemnation of the property owned by Glenn Lewis at Tenth and Spring Streets, which include the fireworks building and the Bar-B-Q building. This particular condemnation is being done for the third time because of publishing errors by the newspaper. No one appeared before the Board to remonstrate City Attorney Galligan told the Board that redoing the condemnation this time is not an admission that the last condemnation was ineffective against Mr. Lewis. However, Mr. Lewis has filed suit against the City, and going through the procedure again insures that the issues presented by the suit will be moot after this third procedure is completed. Engineer Miller made the motion to approve the Condemnation Resolution #35, seconded by Parks Director Elliott and carried unanimously. VETERANS PARKWAY Engineer Miller made the motion to approve the contract with INDOT on the Veterans Parkway, seconded by Parks Director Elliott and carried unanimously. There being no further business to come before the Board the motion was made by Engineer Miller to adjourn at 10:00 a.m. seconded by Parks Director Elliott and carried unanimously. ATTEST: CLEI K CT'I ASURER FRANK 0 'BANNON, Governor J. BRYAN NICOL, Commissioner INDIANA DEPARTMENT OF TRANSPORTATION pROGRAM DEVELOPMENT DIVISION-LOCAL TRANSPORTATION SECTION I00 North Senate Avenue IGCN, Roorn N601 Indianapolis, Indiana 46204-2228 (317) 232-5319 FAX: (317) 233-4929 Writer's Direct Line July 6, 1999 The Honorable Thomas Galligan Mayor City of Jeffersonville 501 East Court Ave. Jeffersonville, IN 47130 RE: Project No: SIB-C730(009), STP-9910(022) Veterans Parkway at CSX Railroad Des#: 9880130, 0200590 FAX: (317) 233-4929 PHONE: (317)232-5317 s MAYOR THOMAS R. GAL. GAN Dear Mayor Galligan: , CITY OF JEFFERSo~JV[LLE Good news. This and the other railroad work with the bridge will be 100% federal participating. Transmitted hereC:ith are three (3) Copies of an a~eement for the above referenced project. Please have th~ Mayor sign, Board of Public Works sign, Chief Fiscal Officer attest, and Chief Colmcil 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 Construction 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 may be withheld. Sincerely, ~. ~ Engineer Local Transportation Section Program Development Division SMD Attaclmaents CC: File Printed on Recycled Paper Equal Opportunity Employer http://www.state.ia.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 a highway-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 fights Of the RAILROAD to operate and maintain its railroad and railroad appurtenances along, in and over its fight-of-way, grants the CITY, its contractors and agents the fight 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 ali 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 referenc,, 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 t~e 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, IN-DOT 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 P. olicY 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 IN-DOT'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 t6 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 mariner as not to interfere unnecessarily with the movement of traffic upon the highway. Any watchmen or fiagmen 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 Federals: 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 IN-DOT, 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, S~tbchapter 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, t991, 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 Insuranc? 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, faisework, 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 b,e 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 P,&ILROAD 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 cartier 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] 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. CSX Transportation Inc. ATTES~/:~ Dale V r. Op ardt City of Jeffefsonville Board of Public Works k / ' M'er~beZ~- ~/7 . ,e.moer Member Approved As To Form And Legality Date approved STATE OF INDIANA Phelps H. Klika, P.E. C-.hief, Division of Design Indiana Department of Transportation APPROVED Date Page 7 of 8 ACK2qOWLEDGMENT for CSX Transportation Inc. Before me, the undersigned Notary Public in and for said county personally appeared / C~ilroad~Company o~ha~po~, and acknowledged the execution of the foregoing Agreement on thi~<~J'~-'r/day of ~c/~a/~' , 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~ssiTn Expires County of Residence ., Notary Public IIF~S~'"':~ U¥COMUtSSlON#¢¢OS4310 I! Print or ~e name %¢~;~q5' ~nded ~m Pichard Insurance Aoency ACKNOWLEDGMENT for City of Jeffersonville STA'iTE OF ~ cOUNTY OF ~ ,SS: Before me, the undersigned Notary Public in and for said county personally appeared Vor s of the City of Jeffersonville, and acknowledged the execution of the foregoing Agreement on this j/k~ day of ~ 2002, and acknowledged and stated that they are the part/es authorized by the City of Jeffersonville to execute the foregoing Agreement. Witness my hand and seal the said last named date. My Commission Expires County of Residence Print or type Page 8 of 8 Veterans Parkway ~ CSXT New Road STP-9910 (022) CSXT FILE # IN0200 INDOT # 0200590 E X_ttt-~m:T t EXHIBIT t- THIS PAGE INTENTIONALLY LEFT BLANK EXHIBIT 2 APR.-12'O2(FRll 08:02 GSXT ENG. ~{ATERIALS TEL:904 245 1030 P. 002 CSX TRANSPORTATION, INC... FORCE ACCOUNT ESTIMATE AccT. CODE: 709 - 1N0200. Pub EB - 3 GFP Page 1 of 3 ESTIMATE VOiD AFTER: 1211212002 DOT NO.: oendln~ LOCATION: Jeffarsonville, Clark Co., IN DESCRIPTION: Installation of New Road Crossing. Intercit¥ Road (Full Depth Rubber Crossing SuHace) DIVISION: Louisville SuB-DIV: Hoosier - Nabb Branch MILE POST: _B~49.50 DRAWING NO.: -- DRAWING DATE: PRELIMINARY ENGINEERING: Labor (Non Contract) Surcharge 54.34% Outside Engineering Services Expenses Subtotal I Oays(~ $ 250.00 ! LS $ 500.00 ~ Oays~ $ 250.00 ! LS $ 500.00 ~ Days ~ S 1_~.0 Days~ $ 220.00 g Weeks~ S 198.75 ! LS $ 500.00 CONSTRUCTION ENGINEERiNG/iNSPECTION: Labor (Non Contract) Surcharge 54.34% Outside Engineering Services Expenses Subtotal FLAGGING sERVICE: {Contract Labor) Labor (Conductor-Flagman) ~' La~or (Foreman/inspector) Insurance Surcharge Surcharge Per Diem Expenses 21.00% 93.80% (Transportation Depadmem) 63.97% (Engineering Departmen0 (Engineering Department) Subtotal SIGNAL WORK: TO BE FURNISHED BY THE SIGNAL DEPARTMENT IN JA× Temporary (Details Attached) P~l'man~,nt (Details Attache~) /- ~ Subtota[ COMM~JN1CATIONS WORK: Tempbrary (Details Attached) Permanent (Details Attached) Subtotal ,750.00 950.95 500,00 329.00 3.529.95 750.00 407.55 500.00 141.00 ,795.55 2,200.00 462.00 '~ ,407.34 500.00 4.569.34 $ $ 136,226.72 . ~ 136,228.72 $ $ $ EXHIBIT. 3 P:AGE ~PR.-ig'O~(TU£) i2:22 TEL:9042451020 P 0[12 CSX TRANSPORTATION, It~C..- FORCE ACCOUNT ESTIMATE ACCT. CODE: 709 - ~N0200 Pub EB - 3 GFP TRACK: LABO~ Traffic Control Remove Track Renew Cross Ties Renew Rail Install OTM Instal[ Field We{ds install Gee-Textile F~br;c b~stalt Sub-Drains install Ballast Line and Sudace Install Crossing Materials Inslall Bituminous Pavement C[eamUp Insurance 2! .00% Surchsrge 63,97% Subsistence Subtotal TRACK: MATER~AL Cross Ties, Main Line Rail. 136RE, New Misc. OTM Geo-Texti~e Fabric Sub-Drains Ballast Field Welds - 136¢ Field Welds- 115¢ Transition Rails 136#/115# Concrete Full Width Concrete/Rubber Xleg (csX) Rubber Grossing, Furl Depth Sot'id TirCber Crossing Timber/Asphalt Crossing Rubber/A~"p~alt Crossing (CSX Standard) Bituminous Matedal Material Handling 5.00% Subtotal Page 2 et 3 O_ MAN-MRS $ 19.50 $ 8..~0 MAN-HRS $ 19.50 5 1,170.00 4.~8 MAN-F.tRS $ 19,50 $ 936,0c 4__~ MAN~HRS ¢ 19,50 $ 936.06 4._.~ MAN-HRS ¢ 19.50 S 936.00 168 MAN-HRS $ 19.50 S 3,276.09 8 MAN-HRS 5 19.50 $ 156.00 28 MAN-HBS $ 19.50 5 548.00 2_~4 MAN-HRS $ 19.50 S 465.0~ 4~8 MAN-HP.S S 19.50 $ 936.00 2¢,0 MAN-HRS $ 19.50 $ 4,650.00 _8 MAN-HRS $ 19.50 $ 156.00 0_. MAN-HRS $ 1S 50, $ 0_ MAN-HRS $ 15,,~ 0 MAN-HRS $ 19.~0 $ 48 MAN-HRS $ 19.50 $ 936.06 $ 3,177.72 $ 9,679,9~ 9._Z MAN-DAY $ 5SO,Q $ 5,335.00 "$ '"35,324.66 CONTRACT: Asphstt Paving - City's Responsibility Disposal of V'4aste Materials Maintenance of Traffic Subtotal ~ ~ $ 25.25 31_.._~2 LF $ 9.4~ ~ LO~ S 2.000.00 ~ RL $ 250.00 280 LF $ 5_00 131 NT $ 15.00 10 EA S 55.25 & EA S 55,25 S EA $ 1,050.80 ~ TF S 225.00 ~ TF $ 135.00 120 TF $ 280.00 ~ TF $ 60.00 ~ TF S 35.00 ~ TF $ 87.00 ~ NT S 70.00 ~ NT $ 110.00 19~6 TF S 10.00 ~ OAY $ 300.00 3,307.75 2,932.80 2,000.00 500.00 1,680.00 1,965.00 552.50 221.00 4,200.00 33,600.00 2,547,95, 5i;5o7.oo 1,960.00' - EX}I.tBIT 3 A?R.-16'O2{?UE) 12:22 TEL:90424SlO20 LOC5 CSX TRANSPORTATION, INC. _. FORCE ACCOUNT ESTIMATE ACCT. coDE: 709 - IN0200 Pub EM - 3 GFP Page 3 of 3 PM~ENTAL: Gang Truck Beom Truck Dump Truck Backhoe Compressor Air DdllNVre nch Tie Tamper (CA'P~ Tie Tamper (Production) Tie Tamper (Utility) Ballast Regulator Relier Barricades Subtot&l 2_~.5 DAY .~ 180.40 _8 DA'z $ 304.16 _7 DAv $ 283.04 1_~5 DAY $ 141.84 1~5 DAY $ 113.52 15 DAY $ 11.52 _0 DA',' $ 1,580.16 0 BAY $ 785.60 _2 DAY $ 785,60 _2 DAv $ 28.5,60 _0. DAY $ 39,12 _0 DAY 4,510.0Q 2,433,28 1,981,28 2,127.60 1,702,80 172.80 1,571.20 571.20 15,070.i6 TRANSPORTATION; Subtotal ,W~RK TRAIN: Subtotal i LS $ 41000100 ' _0 DAY $ 2,060,10 BALVAGE: Rail OTM Subtotal 7,.,51 NT S 65.00 1,96 NT $ 75.00 CONTINGENCIES: 10.00% (Excludes Sig. & Comm.) GRAND TOTAL ...... * ...........* ..... **************************** (488 (147,oo) (635 Ii,769.61 265,12D~$5 ,DIVISION O,F COST: Agency "' '. Railroad 00.00% 0,00% 265,120.85 265.120.8-5 Of~ce of Distdct Project Engineer Cincinnati District, Fort Wright, KY Estimated By: D.J. Fc~e Telephone: 85~-344~8! 37 DATE: 12/12¢2001 REVISED: NOTE: This estimate is based on FULL CROSSING CLOSURE during work by Raitroad Forces. File: (Na'~$urr,~ce FAB APR.-16'02(IL'El t2:23 TEL:904.~Oc6 P. 0£4 ESTIMATE: 9902041-20620 CSX TRANSPOR-TATION ESTIMATED COST TO ;NSTALL AUTOMATICALLY CONTROLLED CANTILEVERS AND GATES JEFFERSONVILLE, IN INTERCITY RD. OP#: IN0200 AAR#: NEW PROJECT#: IN2000070 MATERIAL: SUMMARY 862,14¢.7B SALES TAX: $0,00 LABOR INSTALL)NC-: CONSTRUCTION: 95 MAN DAYS $19,158.00 SHOP: 5 MAN DAYS $705 .~9 GL~,:S~5;FEHC~ ALIO~CVANCE: · $~,~60.00 RAILROAD .~NGINEERING/PREL M NARY: $2,980.19 RAILR?AD ENGINEERING, CONSTRUCTION: $2,875.,'0 ADDITIVES TO CONSTRUCT)ON L.%BOR: ..... $16,278.85 $5,02.5,57 ADOITIVEU i'(J ENGINEERING: ADDITIVES TO SHOP LABOR: $721.00, EQUIPMENT EXPENSE: $7,000.00 WASTE MANAGETMC:NT: $240,00 INVOIC~; - Q 0.~N?RACT ENGINEERING (GAT !-$1 ,¢50.00 + CAT 2-$2,750.00 + OAT ~41 $6,033,97 FREIGHT: $2,400.00 220 VAC POWER SERVICE: $0,00 ESTIMATED SALVAGE: $1.00 MISCELLANEOUS CHARGES: ( POWER INSTALL~.TION ) $1,000.00 "~O~I Estl,,,m. at~l Oc~t " ._ _. DA'TI~; Z/2~/2002 ESTIMATE BY: SAFtETRAN SYSTEMS CORP. NO~: ~f8 E~TIMA~ 8HOU~ BE CON~IDE~D 'VOID ONE Y~ F~O~ ~E DA~ OF ESTI~ $~38,226.7i' EXHIBIT :3 PAGE *41 8 02(~UE} 12:2~ TEL:90~24alOzO P. OC~ Catalog Nu~,_ 020-0013475 02O-OO13906 020q301~000 020-0014605 020-0052475 02O,-O052920 020-005292~ 020-0O53O65 020-0053245 020-0056424 020-0056463 020-0057275 020-0668633 020-1~-0302 020~10403q4 020-1040306 020-1040840 020-1040550 020-t150750 020-1153651 020-1360014 020-1360016 020-1360103 020-1fi0i090 020-2060060 020-3901895 020-3920200 020-3930010 0204200340 Page 2 of 4 Field Materlal I-Jet f~r CSX Project: IN2000070 (Effective: 02114¢2892) INSTALL AUTOMATICALLY CONTROLLED CANTILEVERS AND GATES Jeffersonville, IN - B 49.50 Cond Uni~ Price Qty C,.o_s[ Description 1 1.48 130 192.40 CONNECTOR TRACK DAW SSPT OF( ERICO SSPAC3ACSX APPLY 3/16" 1 4.37 350 1529.60 CABLE UG 16 COND 6 NO 6 AWG SOLID C 10 NO '14 AWG SOLID C · 1 .3.03 '100 303.00 CABLE UG 10 OOND NO 9 AWG' SOLID C CSX SPEC SS798 SHOW I 2296.80 2 4593.60 FOUNDATION 5'-6-1/2" SECT PRECAST CONCRETE ASSY BOLT I 3.30 4 13,20 ARM 0CSX27193 SHORT EXTENSION 7-1/4" LG ALUMINUM ALSO 1 0.44 6 2.20 BAND C-204 BAND IT l/2" SS BURCO ORDER BY THE FT 1 0,31 4 1,24 BUCKLE C-254 BAND IT 112 IN SS BURCO I 2.63 67 176.21 BOND 3/16" X 6-I/2" STYLE XS RAIL HEAD W[WELD METAL & 1 1.10 150 165.O0 CABLE UG 3 COND NO 9 AWG SOLID C CSX SPEC SS796 SHOW 1 60,42 4 241.68 BRACKET SiGN 10" MAST W/SPLIT BOLTS FOR ALL SIGNS REQUIRING 1 4963.00 2 9926.00 SIGNAL 02286 HWY CROSSING GATE ASSY CSX DWG SS222 INOL ! 0.68 350 238.00 WIRE UG TRK TWIST PAIR NO 6 AWG SOL C NEOPRENE JKT CSX 1 6107..50 2 12215.00 SIGNAL 023156 HWY XING 24 ALUM 1-MAST CANTLR FL LT ASS'," · i 139.04 7 973.28 BATTERY GNB 50A07 ABSOLTE lie 160A.H EA MAINTENANCE FREE I 167.48 6 1004,88 BATTERY GNB 50A11 A$SOLTE 265AH ~ MAINTENANCE FREE '1 · 231.55 6. 1389.30 BATTERY GNB 50A,,!5 AB,SOLTE IfF 370AH EA MAI NTENANCE. FREE 1 27_18 2 54.36 TRAY PVC BATT FIBER CO 82687-1-P 12" WIDTH 24" LONG' I 37.89 1 37,89 TRAY PVC BATT FIBER CO 82.687-3-P 12' WIDTH 38" 1 0.43 156 67.08 BONB STRAND 3/16" DIA 7 STRANDS OF 19 STR EACH 6 WITH '~ 1.55- 8 12.40 CUP TRK WIRE RETAIN ERICO ' SB,A2.48B SPRING STEEL SAR 1075 1 693_11 1 693A 1 PACKAGE FOREMANS CARE FOR ALUMINUM TYPICAL BOM FOR USE I 15.39 1 15.39 PACKAGE SAFETY & SECURMENT WiTH IEA OAUTION TAG 1 EA I ,943.41 1 943.41 LAYOUT METER SERVICE WITH 25' POLE CSX DWG SS351 SH 2 ITEMS 1 4,.20 175 735.00 CABLE UG 9 COND NO 6 AWG SOLID C CSX SPEC SS796 SHOW 1 372.78 2 745.56 FOUNDATION ASSY 5'-7"' HT TYPE S-2 SEO~ONAL PRECAST 1 ' 81.00 2 162.00 TiP FLEX HWY CROSStNG GATE 24 IN LONG RED & WHITE STRIPES 1 185.88 '~ 185.88 BELL GCWD ELECTRONtC 4"' OR 5" MAST 8 TO 1;3 VOLTS DC GSI PN 1 3.60 2 7,20 KIT GATE ARM WARNING STICKER KIT {NCLUDES 1-EA 5"X3" 1 1.04 47 48.88 LINK TEST OFFSET,LINK lIN CENTERS INSULATED W/SPECIAL EXHIBIT. 3 02__/25/2082 ,~ , %EL.9042451020 P 0CS 02(TUE) 1~:2o Catal0g Num 020-0003388 020-0017120 .,020-00172~ 1 020-.0017311 020-0021965 020-0022851 020-0022754 02O-O025595 02O-0053390 020-0056514 C20.-0660075 B20-3750090 029-O?70060 020-1940055 020-2552460 020-2901190 020-.3430110 020-3430115 020-343O135 020-3430t70 020-3430185 020-4200100 020-.4200340 020-4200360 020-80OO067 o2a-~100034 Cond 1 1 Shop Material List for CSX Project: IN2000070 (EffectiYa' 02/14/2002) iNSTALL AUTOMATICALLY CONTRO LLE D CANTILEVERS AND GATES JeffersonvHle, IN - B 48.50 Unit Pdce .... ~ty Cost Descdptior~ 1 6553.00 HOUSE 6X6L ALUM INCLUDES 5 6553,00 13.41 277.29 22.89 9.05 48.76 75.0t 16,94 421.96 9.07 355.10 4,99 ~0.76 ~5.42 6957.19 9,q6 270,00 518.40 399.60 426.86 378.00 5.93 1.04 4.47 14.21 2421,90 3 1 12 1 5 1 3 1 1 3 ~7 1 1 1 1 1 1 1 1 3 47 9 2 Cost: $ SHELFS, FARADAY CLOSET, 120V 40.23 BLOCK 'FERMINAL 12 WAY SINGLE STRIP AAR DWG 10544 MP 14.1.6 277.29 TRANSFORMER 01 (T520.50X L~GHT 750VA MOD SLT 50 SAF~- I hLAN PRI 274,68 RESISTOR 029602-52X ADJ 0,035 TO '1.60 OHMS SAFETRAN PL K326 9,05 EXTRACTOR DWG 59688-4 TERMINAL GRS CAT P3-308 REF 243.80 PLUGBOARD KIT TYPE B1 OR ST1 RELAY ASSEMBLY WITH 22 EACH 75,01 RECTIFfER SAFETRAN 590000-X SILICON USE WITH SAFETRAN 16.94 WRENCH DWG 55393-3 GR1 "E" TERMINAL POST NUT GRS CAT 1265,88 CHARGER BAI ~ ~-RY NRS 12/20 SCR SOLID STATE 20 AMP ROTARY 9.07 SOCKET 27E166 RELAY PO ~ ~ ~R BRUM FOR PB TYPE KHAU 4FB NV 355.10 ARRESTER GE 9LIOKAA212 FOR APPLICATION ON 120 VOLT 14,97 NUT INSULATED SAFETRAN 023408-1X %3/16" FOR 120V AC 505.72 ARRESTER US&S.N451552-0201 'r'RAC.K SERIES RED LABEL USGA 5,42 CONTAINER CIRCUIT PRINT 24'' SCHEDULE 20 4" PVC PIPE WITH 6957.19 DETECTOR HARMON 300608-200 PMO-3R SYSTEM W/SKHZ PSt AND · 9.06 RELAY P&B KHAU17A12-120. POWER-OFF FOR GENISYS SYS'TEM 270.00 RELAY SAFETRAN 400004 4FB-2F-1B NEUTRAL 500 OHMS 518,40 RELAY SAFETRAN 400005 4FB HD-2FB NEUTRAL 500 OHMS CSX 399.60 RELAY SAFETRAN 400213 2FB SLOW RELEASE 44i0 OHMS CSX REF 426.86 RELAY SAFETRAN 400800-CSX 6FB HD POWER TRANSFER 100/100 378.00 RELAY SAFbl {-~N 400760-X 4FB FLASHER 60 OHMS COMPLETE WITH 17.79 CONNECTOR BUS 1" CENTERS 1/2" X36' 18 GAGE PUNCHED !/4" X 48,88 LINK TEST OFFSET LINK lIN CENTERS INSULATED W/SPECIAL 40.23 LINK INSUL TEST 2-3/8" CENTERs CENTER CONTROL TEST 28,42 LOCK AMERIC~uM HI OKA CSX SIGNAL PADLOCK W/BK CHROME 2421,90 RECORDER EVENT HARMON HAWK ASSEMBLY COMPLETE WiTH 21162.49 Total EXHIBIT 3 0~25~002 Page 1 of 4 EStimate ID: IQ1579 ~ ~6'02(TUE) 12:24 TEL:9)42451020 P. 008 Catalog Num N/A 020-0017605 " "020'-0017607 ' '02O-0017625 020-001'7630 020-0017635 020-0028610 020-326197O 02O-4.200880 Consumable~ List for CSX Project: IN2000070,(Effewtive: 02/t4/2002) INSTALL AUTOMATICALLY CONTROLLED CANTILEVERS AND GATES Jeffecsonv[lle, IN - B 49,50 Ccnd Unit Pdce Qty Cost Description 10 2000,00 FILL MATERIAL, 10 CUBIC YARDS 1 800,00 WALKWAY ROCK, 10 CUBIC YARDS 350 70.00 WIRE CASE 10 AWG FLEX, CSX SPEC SS796 OKONITE ' 250.00 WIRE CASE 'i-W 'PR NO'10. AWG" 1 020-.42OO892 1 020-425119O 1 O2O..4251290 1 020-4251295 1 020-S999992 1 200.00 800.00 0.50 5OO 0.33 150 0.11 2O0 0,75 130 0.49 100 8,91 2 0.51 2 O.42 27 0.56 120 0,62 30 ,0.55 8 8o.oo 1 0,02 100 To~l Cost $ FLEX CSX SPEC SS796 TVVlST 2 49,50 WIRE CASE TW PR NO 14 AWG FLEX CSX SPEC SS796 TWIST 2 22.00 WIRE CASE NO 16 AWG FLEX CSX SPEC SS796 FURN 1000 FT SPOOL 97.50 WIRE SIGNAL DEL 018 NO 6 COPPER STRANDED SINGLE 49,00 TERMINAL RING AMP 35628 YELLOW PLASTI-BOND HVY DUTY 17.82 DECAL ASSY 2" BLACK PRESSURE SENSITIVE VINYL PRE-MASKED 1.02 CONNECTOR TERMINAL 2-3/8" CENTERS AAR 14.%I5-4 NICKEL 11,34 CONNECTOR TERMINAL 1" CENTERS AAR 14,1.15-3 NICKEL PLATED 67.20 TERMINAL RING AMP 35627 BLACK PLASTI-BOND WiRE SIZE 10-12 18,60 TERMINAL WIRE AMP 322051 SLUE WIRE SIZE NO 6 AWG 1/4" STUD 3.3~ TERMINAL WIRE AMP 322007 BLUE WiRE SIZE NO 6 AWG 3/8".STUD 50.00 ,~OUSE, SIGNAL HANDLING CHARGE, BURCO DISTRIBUTION 2.00 SCREW lOX 1" SHT METAL PAN HD TYPE A COARSE THREAD 3509.28 Page 4 of 4 EXHtBtT 3 07J25/2002 ,.o02) . :, ;ATFS &W SSPT OR ~PLY 3116" ,~O 6 AWG sOLiD C ) g AWG' T98 SHOW sECT ~.SSY BOLT {T EXTENSION _SO ~2" SS r 112 IN 'YLE XS ETAL & i 9 AWG ;796 SHOW ~.ST W/SPLIT ,~ REQU{RtNG '~OSSING , SS222 INOL ~AIR NO 6 4E JKT CSX <tNG 24 R FL LT ASS¥ ABSOLTE I~P. ICE FREE ABSOLTE lIP qcE FREE ~sOLTE lIP '. qC~ FREE R CO 24" LONG' iR CO OIA7 EACH 6 wITH kin ERICO EEL SAE 1075 ~S CARE FOR BOM FOR USE ~ SEcuRMENT TAG 1 EA {vICE WtTH 25' ~51 SH 2 ITEMS 40 6 AWG SS¥96 SHOW 5'-7" HT TYPE ~cAST SS~NG GATE 24 !TE sTRtPES RONIC 4" OR 5" -S OC G$1 PN ~,NING 8TICKER · 5"X3" 'LINK lIN 'ED W/SPECiAL 02./25/2002 g'O2(TUE) 1~:24 TEL:9G42651020 Ca~[og Num 0204200900 020-999@991 250-0010780 360.O006100 360-0800145 ! Field Materla! List fc;r CSX Project.' IN2000070 (Effsc-tJve: 02]14/200_2_)e INSTALL AUTOMATICALLY COHTROLLED CANTILEVERS AND GATE~ JeffersbnvHle, IN - B 49.50 Oc~d Unit Pdce 1 0.20 1 100.00 '~ 1 6.05 I 33.44 ~ 4.39 , ,Qty 10 1 · 110 1 1 Cost Description 2.00 CONNECTOR SHEATHING AMP 329860 FOR NO, 14 WIRE 100.00 BLOCKING AND BRACING FOR PROJECTS BUR. CO DIST · 665.50 CONDUI .'T'GALV RIGID 4"STL 10 LENGTH W/TAPERED 'Tt.4, READS ON 33,4z~ STOOL STEP WOOQ !4"X 20" SIGNAL MAINTAINER.S CSXT 4.39 BROOM WAREHOUSE COR.N HVY DU"FY. lb300 Total Cost: $ 37477.~;8 Page 3 of 4 EXHIBIT. 3 02/25/2002 '6'02(TUE) 12:24 TEL:9)42451020 P. O0~ Catalog Num N/A N/A 020-0017605 l "02~0017607' · '020-001762~ 1 020-0017630 1 020-0017635 1 020-0028610 1 O20-3261970 1 020-4200880 O20-420O892 1 020-Z-251190 1 O20.4251290 020-4251295 1 020-~999992 1 ~50-00~212 Consumables List for CSX Project: IN2000070 (Effective: 02.tt4/2002] INSTALL AUTOMATICALLY CONTROLLED CANTILEVERS AND GATES Jeffersonville, IN - lB 49.50 Cond Uni[ Pdce Qty Cost Description 200.00 10 2000,00 600.00 I 800.00 020 350 70.00 0.50 500 ' 250,00 0.33 150 49.50 0.11 200 22.00 0,75 130 97.50 0.49 100 49.00 8.91 2 17.82 0.5t 2 1.02 0.42 27 11.34 0,56 120 67.20 0.62 30 18.60 .0.55 6 3.30 50.00 1 50.0O 0.02 100 2,00 FILL MATERIAL. 10 CUBIC YARDS WALKWAY ROCK, 10 CUBIC YARDS WIRE CASE 10 AWG FLEX, CSX SPEC SS796 OKONITE WIRE CASE TW'PR NO'10 AWG" FLEX CSX SPEC SS796 TWIST 2 WIRE CASE TW PR NO 14 AWG FLEX CSX SPEC SS796 TWIST 2 WiRE CASE NO 16 AWG FLEX CSX SPEC SS795 FURN 1000 FT SPOOL WIRE SIGNAL DEL 018 NO 6 COPPER STRANDED SINGLE TERMINAL RING AMP 35628 YELLOW PLASTI-BOND HVY BUTY DECAL ASSY 2" BLACK PRESSURE SENSITIVE VINYL PRE-MASKED CONNECTOR TERMINAL 2-3i8" CENTERS AAR 14.%15-4 NICKEL CONNECTOR TERMINAL 1" CENTERS AAR 14.1.15-3 NICKEL PLATED TERMINAL RING AMP 35627 BLACK PLASTI-BOND WIRE SIZE 1(~12 TERMINALW[RE AMP 322051 BLUE WERE SIZE NO 6 AWG 1/4" STUD TERMINA~ WIRE AMP 322007 SLUE WIRE SiZE NO 6 AWG 3/8".STUD .~OUSE, SIGNAL HANDLING CHARGE, BURCO DISTRIBUTION SCREW 10 X 1" SHT METAL PAN HD 3'YPE A COARSE THREAD TQtsl Cost: $ 3509.28 EXHtBtT 3 Page 4 of 4 02J25/2002 January 6, 1978 July 26, 1983, Revised APPENDIX "A" Dudng 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 Requlafions: 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 Regulafions), which are herein incorporated by reference and made a part of this contract. (2) Nondisedmination: The contractor, with regard to the work performed by it dudng the contract, shall not discdmthata on the grounds of race, color, sex or national odgin in the selection and retention of subcontractors, including procurements of matadaIs 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: thciudinq Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a sub-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 nondiscdmlnation on the grounds of race, color, sex or national origin. (4) Information and Reports: The contractor shall provide alt 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 comptianoe 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 shati set forth what effods 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 dghts 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 Noncomf~tiance: In the event of the contractor's noncompliance with the nondiscdmthation provisions of Bis 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, terminafion or suspension of the contract in whole or in part. (6) Incorporation of Previsions: The contractor shall include the provision of paragraphs (1) through (7) in every subcontract, thduding procurements of matsdals and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shati take such action with respect to any subcontractor or procurement as the Indiana Depaflment 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 coniractar may request the United States to enter such Ii!igation to protect the interests of the United States. (7) Nonseqreqated Facilities: By submission of this bid, the execution of this contract or subcontract, or the consummation of this materials supply agreement, as apprepdats, the bidder, Federal-aid construction contractor, subcontractor, or materials suppIier, as appropriate, ce~fies that he does not maintain or provide for his empIoyoes any segregated facitifies at any of his estabtishments, and that he does not permit his empl0yoes to perform their services at any location, under his control where segregated facilities are maintained. He certifies fuCher 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 emptsyees to perform their services at any location, under his control, where segregated facilities are maintained. He agrees that a breach of this oertificetico is a viotatico of the Equal Opportunity clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrboms and washrooms, restaurants and other eating areas, time-clocks, locker rooms and other storage or dressing areas, parking lots, ddnking fountains, recreation or entertainment areas, transpodafion, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, cotsr, or national odgin, because of habit, local custom, or othen,¥ise. He agrees that (except where he has obtained identical oedJficetions from proposed subcontractors and matedal suppliers for spedfic time periods), he will obtain identical certification from proposed subcontractors or rnatadal suppliers pdor to the award of subcontracts or the consummation of matadaI supply agreements, exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he wiIl retain such cedificaticos in his files. iD GATES K D&W sSPT OR X APPLY } 6 NO 6 AWG .WG $OI, JD C } NO 9 AWG' SS796 SHOW /2" sECT TE ASSY BOLT 4CRT EXTENSION ,4 ALSO ,T l/2" SS THE FT ' sTYLE XS D METAL & NO 9 AWG ; SS796 SNOW ' MAST W/SPLIT GNS REQUIRING ( cROSSiNG ~WG SS222 INOL ST PAIR NO 6 ~,~¢ENE JKT CSX XING 2,4 · ITLR FL LT ASS¥ .. \07 ABSOLTE lip · NANCE FREE ~,I 1 AE;SOLTE lip NANCE FREE .NANCE FREE :IBER CO )TH 24" LONG' :IBEA CO )TH 38" '16" DIA? STR EACH 6 WiTH ',ETAI N ERICO ~ STEEL SAE 1075 ,,1ANS CARE FOR 3AL BOM FOR USE t'W & SECURMENT iON TAG 1 SERVICE WITH 25' SS351 SH 2 ITEMS '4D NO 6 AWG 'EC SS796 SHOW ~SY 5'-7" HT TYPE pR~C;AST ;ROSSING GATE 24 WNITE STRIPES 5CTRONtC 4" OR 5" 'OLTS DC GSI PN ~VARNING 8TICKER t-EA 5"X3" sET LINK LATED WISPF. GtAL 02/25¢2-002 January 6, 1978 July 26, 1983, Rev[sed APPENDIX "A" Dudng 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) ~Complianoe with Requlations: 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 par[ of this contract. (2} Nondiscdm nation: 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 odgin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indiractiy in the discrimination prohibited by Section 21.5 of the Regulat~oos, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Subcontracts: Includinq Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a sub-con[~,~ct, 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 odgin. (4) Information and Report~: The contractor shall provide al~ 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 comptiance 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 Administrafion 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 dghts 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) Incorporation of Provisions: The cenbactor shall include the provision of paragraphs (1) through (7) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulafions, 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) Nonseqreqated Facilities: By submission of this bid, the execution of this contract or subcontract, or the consummation of this matadals supply agreement, as appropriate, the bidder, Federatraid 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 cedificetlon, the term "segregated facilities" means any waiting rooms, work areas, restroema and washrooms, restaurants and other eating areas, time-clocks, locker rooms and other storage or dressing areas, parking lots, ddnking 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 matedal suppliers for specific time periods), he will obtain identice[ certiflcetion 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 certi~cetions in his files. ~' 02(IUE) 12:24 TEL:9!~42451020 P. 0C? _ Ca. Icg Num 0204200900 020-9999991 '- 250-0010780 360~006100 360-0800145 1 1 Field Matedal'~st f~r CSX Prcject: IN2000070 (Effecti'~e: 02/1412~0~) INSTALL AUTOMATICALLY CONTROLLED CANTILEVERS AND GATES Jefferson¥ille, IN - B 49.50 Unit Pdce Qty Cost Description 0.20 10 2.00 CONNECTOR SHF-ATHING AMP 329860 FOR NO, 14- WIRE 100.00 I 100.00 BLOCKING AND BRACING FOR PROJECTS BURCO DIST ' ' ' 6.05 ' 110 ' 66~.50 OONDUIT'GALV RIGID 4"STL I0 LENGTH W/TAPERED THRFJ:~S ON 33,44 1 33.4~ STOOL STEP WOOD 14"X 20" SIGNAL MAINTAINERS CSXT 4.39 I 4.39 BROOM WAREHOUSE CORN HVY DU'I-Y ID300 Total Cost: $ 37477.98 EXHIBIT::3 Page 3 of 4. 07J25/2082 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 fight-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 a highway-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 indicat~ 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 1NDOT 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 al~ 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 rNDOT 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 fomes, it may request permission oflNDOT 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 1NDOT, 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 perfoFn 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 other~vise 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 T~venty 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 fome 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 P~.olicy 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 IN-DOT'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 ali 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 td 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 Insuranc? 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 b,e 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 carder 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 t~e 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 assi~y~s. [Remainder of Page Intentionally Left Blank[ 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~CHEL E. GEIERSBACH Dale W. Ot hardt ' City of Jeffersonville Board of Public Works ~__~,~Me~nber Member Approved As To Form And Legality Date approved ******************************************************************************* STATE OF INDIANA Phelps H. Klika, P.E. C. hief, Division of Design Indiana Department of Transportation APPROVED Date Page 7 of 8 ACKNOWLEDGMENT for CSX Transportation Inc. ., SS: Before me, the undersigned Notary Public in and for said county personally appeared ~f,~ /'Gl ~/5~z~ and /~5~ 6(' ~5~ac~ intheir °~2~paei~as ~ ~~ and~f?~C~'t~ ~~panymf-hdianapohs, and ac~owledged the execution of ~e foregoing A~eement on this~J(~ day of ~, 2002, and ac~owledged and stated that they are the parties authorized by the CSX Transportation Inc. to execute the foregoing Agreement. Wimess my hand and seal the said last named date. Cou~ of Residence PriBt oT ~e ~me ~l~ EXPIRES: August 2, 2003 AC~OWLEDG~ENT for Ci~ of Jeffersonvilte Before me, the undersized Notau Public in and for said coun~ personally appeared ~~ in their official capaciW as members of~e Board of Public Works of the Ci~ of Jeffersonville, and ac~owledged the execution of the foregoing Ageement on this ~ day of/~ , 2002, and ac~owledged and stated that they are the parties authorized by the Ci~ of Jeffersonville to execute the foregoing A~eement. Witness my hand and seal the said last named date. My Commission Ex]~ires ,5-9-0 q County of Residence // , Nota~ Public ,,'] .. /q~h, ,~ .k(' t/ Iqa Print or type Page 8 of 8 Veterans Parkway ~ CSXT New Road STP-9910 (022) CSXT FILE # IN0200 INDOT # 0200590 EXHIBI~T ! EXHIBIT t- THIS PAGE INTENTIONALLY LEFT BLANK EXHIBIT 2 ^PR.-12'02(FRll 08:02 GSXT ENG. M^TERIALS TEb:904 245 1050 P. 002 CSX TRANSPORTATION, INC. .. FORCE ACCOUNT ESTIMATE ACCT, CODE: 709 - IN020q Pub EB - 3 GFP Page 1 of 3 ESTIMATE VOID AFTER: 12/12/2002 DOT NO.: pendin_q LOCATION: Jeffersonville, Clark Co,, IN 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 DR~W]NG NO.: __ DRAWING DATE: PRELIMINARY ENGINEERING: LabOr (Non Contract) Surcharge 54.34% Outside Engineering Services Expenses Subtotal Z Days~ 5 250.00 ! LS $ CONSTRUCTION ENGINEERINGllNSPECTtON: Labor (Non Contract) Surcharge 54.34% Outside Engineering Services Expenses Subtotal ~ Oays(~ S 250,00 ! LS ~ 500.00 FLAGGING SERVICE: {Contr?t Labor) Labor (Conductor-Flagman) Lal~o¢ (Foreman/inspector) Insurance 21.00% Surcharge 93.80% (Transportation Department) Surcharge 63,97% (Engineering Department) Per Diem (Sngineedng Department) g Weeks ~ S 198.75 Expenses ! bS $ 500.00 _0 Days ~ S 1_~0 Days ~ $ 220.00 Subtotat SIGNAL WORK: TO BE FURNISHED BY THE SIGNAL DEPARTMENT IN JAX Temporal' ODeta[Is AtLached) pe'?man%.nl. (Details Attached') /- ~' Subtota[ COMM~JNICATIONS WORK: Tempbrary (Details Attached) Permanent (Details Attached) SubtOtal -1,750.00 950,95 500.00 329.00 3.529.95' $ 750.00 $ 407.55 $ 500.00 $ 141.00 $ 1.798.55 2,200.00 462.00 1,407.34 5O0.0O 4,569.34 136,226.72 . 136,226.72 EXHIBIT.:3 APR.-i6'O~(TUE) !2:22 TEL:9042451020 CSX TRANSPORTATION, If~C..- FORCE ACCOUNT ESTIMATE ACCT. COOE: 709 ~ Pub EB - 3 ~TRACK: LABO~ Traffic Control Remove Track Renew Cross Ties Renew Rail inStal[ OTM tn~..aB Field Welds install Geo-Texti:e F~-br:c install Sub-Brains lnstali BaRast Line and Sudace Instal~ Crossing Materials install Bituminous Pavement Clean-Up Insurance 2! .00% ,..Surcharge Subsistence Subtotal TRACK: MATERIAL ;' CeDes Ties, Main Line Rail, 138P,~, New Misc. OTM Geo-Texti~e Fabdo Sub-Drains Ballast Field Welds - 136# Field Welds - 115# Transition Rafts 136#/115¢ Concrete Full Wkith - Concrete/Rubber Xlng (csX) Rubber Crossing, Full Depth Sc, fid 'PrOber Crossing TiraDe r/.A.s._.phalt Crossing Rubber/Asphalt Creasir~g (CSX Standard) Bituminous Material Material Handling 5,00% Subtotal 0_ MAN-HRS ,$ 19.50 8..~0 MAN-HRS S 19.50 4.~8 MAN-HRS $ 19 50 4__~8 MAN-HRS .$ 19,50 4.~8 MAN-HRS ~ 19,50, 168 MAN-HRS $ 19.50 ~ MAN-HRS $ 19.50 ~ MAN-HRS ~ 19.5~ 2.~4 MAN-FiRS $ 19.50 4_-8 MAN-BPS $ 19.50 24~0 MAN-HRS S 19.50 .8 MAN-HRS $ 19.50 _O MAN-HRS $ lg.50 0 MAN-HRS $ 18,~0 0 MAN-HRS $ lg50 48 MAN-HRS .~ 19 50, 97' MAN-DAY ~ 55.00., !37 ~ s 25.25 312 LF $ 9.40 Z LOT $ 2,000.00 ~ RL $ 250.00 28.__~0 LF $ 6.00 13.__~1 NT $ 15,00 1.~0 EA S 55,25 & EA $ 55.25 ~ EA $ 1,0,50.00 ~ TF S 225.00 ~ TF $ 135.00 120 TF $ 280.00 ~ TF S 60.00 ~ TF $ 35.00 ~ TF $ 87.00 ~ NT $ 70.00 CO.NTRACT,;, Aspt~slt Paving - City's Responsibility Disposal of Waste Materiels Maintenance of Traffic Subtot~ 0 NT $ 110.00 198 TF $ 10.00 0_ DAY $ 300.00 ?. Page 20t 3 1,170.00 936,00 936.06 936.00 3,276.C0 156.00 546.00 458.00 936.90 4,680.00 150.00 936.96 3,177.72 9,67g,94 5,335.00 33,324.8~'- 3,307.75 2,932.80 2,000.00 500.00 1,680.C0 1,g55,00 552.50 221.00 4,200.00 33,800.00 2~547.@5... 53,507.00 S i ,960.00 $ $ ~',960.00" ' EXH. t4tIT 3 APR.-16'02iIUE) 12:22 TEb:9042451020 P, OC3 CSX TRANSPORTATION, INC. _. FORCE ACCOUNT ESTIMATE ACCT. COOE: 709 - IN0200 Pub EB - 3 GFP Page 3 of 3 EQUIPMENT RENTAL: Gang Truck Boom Truck Dump Truck Backhoe Compressor Air DrillANre nch Tie Tamper (CAR Tie Tamper (Production) Tie Tamper (Utility) Ballast Re~uletor Railer Bardcades Subtotal 25 DAY $ 180.40 _8 DA'" $ 304.16 _7 DA'~ $ 283.04 15 DA?' $ 141.84 15 DAY $ 113,52 ~_~ DAY $ 11.52 _0 DA',' $ 1,580.16 o DAY $ 785.60 _2 DAY $ 785,60 2_ DAx' $ 285,60 0 DAY S 39.12 0_ DAY $ 4,510.00 2,433.28 1,981,28 2,127.60 1,702,80 172.80 1,57%20 571.20 I5,070.18 TRANSPORTATION; Subtotal W~RK TRAIN: Subtotal 1 LS $ 4,000.00 $ 4,000.00 $ 4,000.00 0 dAY 8 2,060.10 SALVAGE: Rail OTM Subtotal 7 51 NT S 65.00 1,95 NT $ 75.00 (488.15) (147 o0t (635.15) CONTINGENCIES: 10.00% (Excludes Sig. & Comm.) GRAND TOTAL ...... 268,120,85 DIV, ISION OF COST: Agent3! "' --: Railroad J t00.00% 0,00% TOTAL 265,120,B5 265,120.85 Or'ce of District Project Engineer Cincinnati District, Fort Wright, KY Estimated By: O.d. Fett~ Telephone: 85~,344-8137 DATE: 12/12t2001 Re-VISED: NOTE: This estimate is based on FULL CROSSING CLOSURE dudng work by Railroad Forces. File: iN0:~O-$ucr~ee FAE APR.-16'02(1UE) 12:~3 TEL:9~I4245102G P. 0C4 ESTIMATE: 9902041-20620 CSX TRANSPORTATION ESTIMATED COST TO INSTALL AUTOMATICALLY CONTROLLED CANTtLE~JERS AND GATES JEFFERSONVlLLE, IN INTERCITY RD. OP#: IN0200 AAR#: NEW PROJECT#: IN2000070 SUMMARY MATE RIAL: $62,149.78 SALES TAX: $0,00 INSTALLING: CONSTRUCTION: SHOP: LABOR 93MAN DAYS $19,158,00 5 MAN DAYS $705 SL;5:sIsTENc2 &L! OWANCE: . Is,c60.00 $240.00 RAILROAD ENGiNE ERINGCP RE!.IMI NARY: $2,980.19 RAtLR.~.,AD ENGINEERING, CONSYRbCTION: $~,8; ;., 0 ADDITIVES TO_.__CONSTRUCT~ON I.&BOR: $~6,278.B6 ADOITIVE~ i'(J ENGINEERING: $5,d25.57 ADDITIVES TO SHOP LABOR: $721.00 EQUIPMENT EXPENSE: $7,000.00 WASTE MANAGEMENT: - CONTRACT ENGIN. EERIN~ INVQIOE: (CAT !-51,950.00 + CAT 2-$2,750,00 + CAT 3~1.3a3.97) $6.033,97 FREIGHT: 82,400.80 220 VAC POWER SERVICE: $0,00 ESTIMATED SALVAGE: S1.00 MISCELLANEOUS CHAREiES: ( POWER INSTALLATION } $1,000.00 '~otal Esot[mated Cast ...... $138.?.2~.72 DATE; Zt2ff/2002 ESTIMATE BY: SAFETRAN SYSTEMS CORP. ' NOT~: THISE,~,TIMATESHOULDBF. CON$1DEREDVQIDONEYEARFRO~T~EDATEQFEST[~ REV.99-3 EXHIBIT 3 APR,-16 02(TUE) 1.:2o TEL.9042451020 POC~ Catalog Num 020-0003388 O20-001712O 1 -020-0017211 t 020-0017311 1 020-0021965 1 020-002265! 1 020,-0022754, 1 O2O-0025595 1 020-O05339O 1 02o-0056514 C20-0660075 1 '020,-0750090 1 O20-O770060 1 020-1940055 I 020-2552460 020-2901190 020-3430110 1 020-3430115 1 020-3430135 1 020-3430170 1 020-3430185 1 020-42O0100 1 020-4200340 1 020-4200360 1 02O-8O00067 1 02O-8,160034 - 1 Shop Material List for CSX Project: IN2006070 (Effective: 02/1412002) INSTALL AUTOMATICALLY CONTROLLED CANTILEVERS AND GATES Jeffersonville, IN - B 48,50 Cond Unit Pdce Qty Cost Description' 1 6553.00 HOUSE 6XCL ALUM INCLUDES 5 6553.00 13.41 3 277.29 1 22.89 12 9.05 1 48.76 5 75.01 1 16.94 1 421.96 3 9,07 1 355.10 1 4,99 3 10.76 47 ;- 5,42 1 6957.19 1 9.q6 1 270.00 1 518.40 1 399.60 1 426.86 1 378.00 1 5.93 3 1 ,O4 47 4.47 9 14.21 ' 2 2421.90 · 1' Total Cost: SHELFS, FARADAY CLOSET, 120V 40.23 BLOCK TERMINAL 12 WAY SINGLE STRIP AAR DWG 10544 MP 14.1.6 277.29 TRANSFORMER 010520-50X LIGHT 750VA MOD SLT 50 SAFE i ~¢,N PRI 274.68 RESISTOR 029602-52X ADJ 0,035 TO 1.50 OHMS SAFETRAN PL K326 9.05 EXTRACTOR DWG 59688-4 TERMINAL GRS CAT P3-308 REF 243.80 PLUGBOARD KIT TYPE B1 OR ST1 REL.AY ASSEMBLY WITH 22 EACH 75.01 RECTiFiER SAFETP, AN 590006-X SILICON USE WITH SAFETRAN 16.94 WRENCH DWG 55393-3 GR1 "E" TERMINAL POST NUT GRS OAT 1265,88 CHARGER BATTERY NRS 12/20 SCR SOLID STATE 20 AMP ROTARY 9.07 SOCKET 27E 166 RELAY PO I ~ ~.'R BRUM FOR PI3 TYPE KHAU 4FB NV 355.10 ARRESTER GE 9L10KA,~12 FOR APPLICATION ON 120 VOLT 14.97 NUT INSULATED SAFETRAN 023408-1X 1';3/16" FO R 120V AC 505.72 ARRESTER US&S.N451552-0201 T'I~.,C~ SERIES RE'D LABEL USGA 5,42 CONTAINER CIRCUIT PRINT 24-" SCHEDULE 20 4" PVC PiPE WITH 6957.19 DETECTOR HARMON 300608-200 PMD-3R SYSTEM W/SKHZ RSI AND · 9,06 RELAY P&B KHAU17A12-120. POWER-OFF FOR GENISYS SYS'TEM 270.00 P,E_LAY SAFETRAN 400004 4FB-2F-1B NEUTRAL 500 OHMS 516,40 RELAY SAFETRAN 400005 4FB HD-2FB NEUTRAL 500 OHMS CSX 399.60 RELAY SAFETRAN 400213 2FE SLOW RELEASE 460 OHMS CSX REF 426.86 REL.AY SAFETRAN 40080~CSX 6FB HD POWER TRANSFER 100/100 378.00 RELAY SAFbt i'~AN 400700--X 4FB FLASHER 60 OHMS COMPLETE WITH 17.79 CONNECTOR BUS 1" CENTERS 1/2' X 36" 18 GAGE PUNCHED 114" X 48.88 LINK TES'F OFFSET LINK lIN CENTERS INSULATED W/SPECIAL 40.23 LiNK INSUL TEST 2-3/8" CENTERS CENTER CONTROL TEST 28,42 LOOK AMERICAN H'~ OKA CSX SIGNAL PADLOCK W/BK CHROME 2421.9[3 REOORDER EVENT HARMON HAWK ASSEMBLY COMPLETE WiTH 21162.49 Page 1 of 4 EXHIBIT 3 Estimate ID: 1015~9 ~ PAGE 5 C}l 8 O2]25/2OO2 APR,-16'O2(~UE) 12:25 TEL:9042451020 Catalog Hum 020-0013475 020-0013906 020:001~000 O20-0O146O5 020-0052475 020-O052920 020-0052921 020-0053065 020-0053245 020-0056424 02O-0056463 0~0-0057275 020-0~66633 020-1~:)40302 020-10403,04 020~1040306 020-1040840 020-1040550 020-1t50750 020-1153551 020-1360014 020-1360016 020-1380103 O20-1501690 020-2060060 020-390~895 020-3920200 020-3930010 0204200340 ~_e. ld .Ma*?.ri_a,~ List for CSX Proje~: IN2000070 (Effecti~'e: 02/1~002) TALL AUTOMAT CALLY CONTROLLED CAN~LEVERS AND GATES Jeffersonvflle, IN - B 49.50 C<~nd Unit Price Qty Cost Desc,-tptJon 1 1.48 130 192.40 CONNECTOR TRACK DAW S8PT OR ERICO BBPAC3ACBX APPLY 3/t 6' 1 4.37 356 1529.50 CABLE UG 16 COND 6 NO 6 AWG SOLID C 10 NO 'f4 AWG SOLID C · 1 .3.03 100 303.00 CABLE UG 10 COND NO 9 AWG' SOLID C CSX SPEC 88796 SHOW 1 2296.80 2 4593.60 FOUNDATION 5'-8-1/2" SECT PRECAST CONCRETE ASSY BOLT I 3.30 4 13.20 ARM 0C$X2719S SHORT EXTENSION 7-!/4" LG ALUMINUM ALSO 1 0,44 5 2.20 BAND C-204 BAND IT I/2" SS BURCO ORDER BY THE FT I 0.31 4 1.24 BUCKLE C-254 BAND IT 112 tN SS BURCO I 2.63 67 176.21 BOND 3/16" X 6-1/2" STYLE XS RAIL HEAD W,NVELD METAL & 1 1.10 150 165.00 CABLE UG 3 COND NO 9 AWG SOLID C CSX SPEC SS796 SHOW I 60,42 4 241.68 BRACKET SIGN 10" MAST W/SPLIT BOLTS FOR ALL SIGNS REQUIRING 1 4963,00 2 9926,00 SIGNAL 02286 HWY CROSSING GATE ASSY CSX DWG SS222 JNCL ! 0.68 350 238,00 WIRE UG TRK TWIST PAIR NO 6 AWG SOL C NEOPRENE JKT CSX 1 6107,..50 2 1221500 SIGNAL 023156 H~ XING 24 ALUM 1-MAST CANTLR PL LT ASSY "; 1:39,04 7 973.28 BATTERY GNB 50A07 ABSOLTE fie 160AH EA MAINTENANCE FREE I 167.48 6 1004.88 BATTERY GNB 5(3A11 ASSOLTE lip 265AH ~A MAI NTENANCE FREE '1 - 231.55 6. 1289.30 BATTERY GNB 50~!5 AB.SOLTB IP 370AH LA MAI NTENANCF- FREE I 27.18 2 54.36 TRAY PVC BATT FIBER CO 82687-1-P 12" WIDTH 24" LONG' I 37.89 1 37.89 TRAY PVC BATT FIBER CO 82687-3-P 12" WIDTH 38" 1 0.43 156 67.08 BOND STRAND 3/16" DIA 7 STRA~4DS OF 19 STR EACH 6 WlT}- I 1.55 8 t2.40 CUP TRK WIRE RETAIN ERICO SBA248B SPRING STEEL SAR 1075 I 693.11 1 693.11 PACKAGE FOREMANS CARE FOR ALUMINUM TYPICAL BOM FOR USE I 15,39 1 15.39 PACKAGE SAFETY & SECURMENT WITH 1 EA CAUTION TAG 1 EA 1 943,4l 1 943.41 LAYOUT METER SERVICE WITH 26' POLE CSX DWG 8S351 SH 2 ITEMS 1 4~20 175 735.00 CABLE UG 9 COND NO 6 AWG SOLID C CSX SPEC SS796 SHOW 1 372.78 2 745.56 FOUNDATION A$SY 5'-7" HT TYPE S-2 SEC33ONAL PRECAST 1 81.00 2 162.00 TiP FLEX BWY CROSSING GATE 24 IN LONG RED & WHITE STRIPES 1 185.88 ~' 185.88 BELL GCWD ELECTRONIC 4" OR 5" MAST 8 TO 13 VOLTS DC GSI PN 1 3.60 2 7.20 KIT GATE ARM WARNING STICKER KIT INCLUDES %EA 5"X3" 1 %04 47 48.88 LINK TEST OFFSET LiNK lIN CENTERS INSULATED W/SPECIAL EXHIBIT...3 Page 2 of 4 02./25/2002 APR.-I6'02(/UE) 12:24 TEL 9, q,~1020 P, 0C7 Field Material List for CSX Project: IN2000070 (E~fecti~e: 02114~]02) IN~TALL ALITOMATtCALLY CONTROLLED CANTILEVERS AND GATES Jeffersonville, IN - B 49.50 Catarog Num 020-42009OO 1 G20-9999991 - 2.50-0010780 '-' 1 360-0006100 $60-080~145 Cend Unit Prfce Qty C~st Des~ptien 0.20 10 100.00 1 8,05 ' 110 33.44 1 4.39 1 2.00 CONNEC:rOR SHEATHING AMP 329860 FOR NO, I4 WIRE 100.00 BLOCKING AND BRACING POR PROJECTS BURCO DIST · 665.50 CONDUIT'GALV RIGID 4"STL 10 LENGTH W/TAPERED TH, RBADS ON 33.4z STOOL STEP WOOD 14"X 20" SIGNAL MAIN"TAINERS CSXT 4.39 BROOM WAREHOUSE CORN HVY ~D300 Total Cost: $ 37477.98 EXHIBIT:::3 Page 3 of 4. 02J25/2002 ^PR.-16' O21TUE) 12:24 TEL:9)42451020 ConsumabJe= List for CSX Project: IN2000070,(Effective: 02.t14/2002) iNSTALL AUTOMATICALLY CONTROLLED CANTILEVERS AND GATES P. O08 Ca~Iog Num Cend Unit Pdce Q~ N/A 200.00 10 NtA 800.00 1 020-0017605 1 0~0 350 """020-0017607' ' 1 0.50 500 '020-0017625 I 0.33 150 020-0017630 1 0.11 200 020-0017835 1 0,75 130 020-0028610 I 0.49 100 020-3261970 1 8.91 2 020-4200880 I 0.51 2 020-4200892 1 0.42 27 020-4251190 1 0.56 120 020-4251290 1 0,62 30 020-4251295 1 . 0.55 6 020-9999992' 1 ~0.00 1 450-0019212 1 0.02 100 Torsi Cos~ $ Jeffers,onville, IN - It 49.80 Cost Deso'dption 2000.00 FILL MATERIAL, I0 CUBIC YARDS 800.00 WALKWAY ROCK, 10 CUBIC YARDS 70.00 WIRE CASE 10 AWG FLEX, CSX SPEC SS796 OKONITE 250,00 WIRE CASE 3¥¢ 'PR NO'10'AWG" FLEX CSX SPEC SS796 TWIST 2 49,50 WIRE CASE TW PR NO 14 AWG FLEX CSX SPEC SS796 TWIST 2 22.00 WIRE CASE NO 16 AWG FLEX CSX SPEC SS796 FURN 1000 FT SPOOL 97.50 WIRE SIGNAL DEL 018 NO 6 COPPER STRANDED SINGLE 49,00 TERMINAL RING AMP 35628 YELLOW PLASTI-BOND HVY DUTY 17.82 DECAL ASSY 2" BLACK PRESSURE SENSITIVE VINYL PRE-MASKED 1.02 CONNECTOR TERMINAL 2-$/8" CENTERS AAR 14.!.~6-4 NICKEL 11.34 CONNECTOR TERMINAL 1" CENTERS AAR 14.1.15-3 NICKEL PLATED 67.20 TERMINAL RING AMP 35627 BLACK PLASTi-BOND WIRE SIZE 10-12 18.60 TERMINAL WIR-~ AMP 322051 BLUE WIRE SIZE NO 6 AWG 1/4" STUD 3.3¢~ TERMINAL WIRE AMP 322007 BLUE WIRE SiZE NO 6 AWG 3/8".STUD 50.00 .~OUSE, SIGNAL HANDLING CHARGE, BURCO DISTRIBUTION 2.00 SCREW 10 X 1" SHT METAL PAN RD TYPE A COARSE THREA0 3509.28 EXHIBIT 3 Page4of4 02/25/2002 January 6, '1978 July 26, 1983, Revised APPENDIX "A" Dudng 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 mede a part of this contract. (2) Nondiscrimination: The contractor, with regard to the work performed by it dudng 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: thc ud nfl Procurements of Materials and Equipment: in all solicitations either by competitive bidding or negotiation made by the contractor for work to be perfore~ed under a sub-centrect, indudthg procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notitied by the contractor of the contractor's obligations under this contract and the Regutstions relative to nondiscrimination on the grounds of race, cotor, sex or national odgin. (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 pedJnent to ascertain compliance with such Regulations or directives. Where any information required of a contractor [s in the exclusive possession of another who fails or refuses to fumish this information the contractor shall so cedJty to the Indiana Department of Trenspodation, 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 dghta 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 Noncomplisnce: in the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the Indiana Deparfl'nent 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) withhctding 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 DeparLment 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 th~ United States to enter such litigation to protect the interests of the United States. (7) Honseqraqated Facilities: By submission of this bid, the execution of this contract or subcontract, or the consummation of this reatedals supply agreement, as appropriate, the bidder, Federal-aid construction contractor, subcontractor, or reatedats supplier, as appropriate, certifies that he does not reaintain or provide for his employees any segregated facilities at any of his estab[ishreents, and that he does not permit his employees to perform their services at any ~ocetion, under his control, where segregated facilities are reaintained. He certifies further that he will not reainta[n or provide for his employees any segregated facilities at any of his estab[tshreents, 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 ..... '" "means any v~iting roores, work Opportunity clause in this contract. As used ~n Ihs certification, the term segregated facilities 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 fi.ore proposed subcontractore and roatadal suppliers for specific time periods), he will obtain identical certitication fi.ore proposed subcontractors or material suppliere prior to the award of subcontracts or the consummation of mateda[ 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.