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Home My WebLink AboutConstruction Agreement AGREEMENT COVERING CONSTRUCTION OF ROADWAY APPROACHES CONSTRUCTION OF HIGHWAY-RAILWAY GRADE CROSSING AND INSTALLATION OF GRADE CROSSING WARNING SYSTEM Draft of: Project#. AAIUDOT #: 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 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 er 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 ~.Recial Provisio___ns fQr Construction of Highway-Railway Grade Crossing% 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 witl~ gates and bell. The design and installat!o.n of such warning devices shall conform with the State of Indiana Special Prows!ons Installation of Active Warning Devices at Highwav-R~ailwa¥ Grade C_ross~_ng~ revised March 6, 1997, which are incorporated and made a part hereof by reference and applicable requirements of Part VIII of the 1988 edition of the Indiana Manual Page 2 of 8 on Uniform Traffic Control Devices for Streets and Highways, and any subsequent amendments, revisions, or supplements thereto. SECTION 4. The RAILROAD shall furnish to the CITY in reproducible form an estimate of costs to be incurred by the RAILROAD for the project. This estimate of costs, hereinafter referred to as force account estimate, shall be subject to approval by INDOT, and is made a part of this agreement and attached hereto as Exhibit 3. SECTION 5. All materials shall be furnished by the RAILROAD and delivered to the crossing site at project expense. The Railroad's specifications for such materials shall be subject to approval by INDOT and the Federal Highway Administration. All materials to be installed shall be new, except as otherwise specifically approved by INDOT and the Federal High~vay 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 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 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, 1NDOT 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 1NDOT to the RAILROAD for the total amount of work done as shown on monthly statements, or when the amount due the RAILROAD equal~ $1,000.00 or more, said progress billing ,to be paid within thirty-five (35)days of receipt of Page 3 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 hght-of-way all machinery, equipment, surplus materials, falsework, rubbish, or temporary buildings of such Contractor(s), and to leave the operating fight-of-way in ~ 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 bp 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 warhing 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 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. ?~ro0rate Se~.tel'~ .,,,,, Chief Engineer; ,I),e,s~fag, {q~¥9lt~atiat~ ...... Dale Ophardt City of Jeffersonville Board of Public Works Member Approved As To Form And Legality Date approved STATE OF INDIANA Phelps H. Klika, P.E. Ghief, Division of Design Indiana Department of Transportation APPROVED Date Page 7 of 8 ACKNOWLEDGMENT for CSX Transportation Inc. Before me, the undersigned Notary Public in and for said county personally appeared C~n~at-t~lroad-Compa~y of~adia,~o!ig, and acknowledged the execution of the foregoing Agreement on thi~:,<qfffi-/day of d~c ~ , 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 Cornm~ssi~n E>?ires County of Residence .. Notary__ Public I '""2~&;&" HOWARD MICHAEL LEE My COMMISSION # CC 854310 ACKNOWLEDGMENT for City of Jeffersonville STATEOF ~ cOUNTYOF ~xJ~ ,SS: Before me, the undersigned Notary Public in and for said county personally appeared ~.~ , ~_~t.z~O.~,~--~ and %~ in their official capacity as member~ of the Board of Public Works of the City of Jeffersonville, and acknowledged the execution of the foregoing Agreement on this jDu/~ day of ~ 2002, and acknowledged and stated that they are the parties author/zed by the City of Jeffersonville to execute the foregoing Agreement. Witness my hand and seal the said last named date. My Commission Expires ,5-7-00 County of Residence Print or type Page 8 of 8 Veterans Parkway ~ CSXT New Road STP-9910 (022) CSXT FILE # IN0200 INDOT # 0200590 EX_HI~m-~T: t EXHIBIT~ k I~-~GE 2_0E-2 THIS PAGE INTENTIONALLY LEFT BLANK EXHIBIT 2 A?R.-12'O/IFRI) 08:02 GSXT ENG. ~IAT£RIALS TEL:904 245 1030 P. O02 CSX TRANSPORTATION, INC, .. FORCE ACCOUNT ESTIMATE ACCT, CODE: 709 - !N0200 Pub EB - 3 GFP Page 1 of 3 ESTIMATE VOID AFTER~.'..12;12/2002 LOCATION: Jeffersonville, Clark Co., IN DOT NO.: pend]nc] DESCRIPTION: InStallation of New Road Crossing. Intercity Road (Furl Depth Rubber Crossing Surface) DIVISION: Louisville DRAVV~NG NO.: __ PRELIMINARY ENGINEERING: Labor (Non ContracD Surcharge 54,34% Outside Engineering Services Expenses Subtotal SUB-DIV: Hoosier - Nabb Branch DRAWING DATE: __ 7_ Days ! LS MILE POST: ,B-49.50 250.00 $ -1,750.00 $ 950,95 500.00 $ 500.00 $ 329.00 $ 3,529.95 250,00 $ 750.00 $ 407.55 500.00 $ 500.00 $ 141.00 1.798.55 S 220.00 $ 2,200.00 $ 462,00 $ $ 1,407.34 198.75 $ 500.00 S 500.00 $ 4,559.34 CONSTRUCTION ENGINEERING/iNSPECTION: Labor (Non Contract) Surcharge 54.34% Outsioe Engineering Services Expenses Subtotal ~ Days~ ! LS FLAGGING SERVICE: (Contract Labor) Lsbor (Conductor-Flagman) LaOor (Foreman/inspector) 0 Days 1.~0 Days Insurance 21.00% Surcharge 93.80% ~ransportation Departmen0 Surcharge 63.97% (Engineering Depar[ment) Per Diem (Engineering Department) _0 Weeks Expenses ! LS Subtotal SIGNAL WORK: TO BE FURNISHED BY THE SIGNAL DEPARTMENT IN JA× Temporary (Details Attached) P~i~nan'c.n[ (Details Attached) /- '/ Subtotal COMMUNICATIONS WORK: Tempbrary (Details Attached) Permanent (Detail~ Attached) Subtotal $ $ 136,226,72 -$ 136,225.72 EXHIBIT.3 PAC E k:O 8 ~PR.-i6'OR(Ti;E} i2=22 TEL:9042451020 CSX TRANSPORTATION, I~C..- FORCE ACCOUNT ESTIN1ATE ACCT. CODE: 709 - Pub EH - 3 TRACK: LAB O'¢1 Traffic Control Remove Track Renew Cross Ties Renew Rail Install OTM Instal[ Field Weids inst. a!l Geo-Texti:e Fabr;c Install Sub-Drains Install Ballast Line and Budace Install Crossing Maeriais InStall Bituminous Pavement Clean4Jp Insurance 2! .00% ,Sun;ha,ge 63.97% Subsistence Subtota{ ?. 032 TRACK: MATER{A!. Cross Ties, Main Line RaU, 136P,5, New Misc.,. OTM Gao. Textile Fabric Sub-Drains Ballast Field Welds - 136# Field Welds - 1t5¢ Transition Rails 1~6#/115¢ Concrete Full Width Concrete/Rubber Xlng (CSX) Rubber Crossing, Furl Depth So4id Tiq;iber Crossing Timber/As.~pb. alt Crossing Rubber/Asphalt Crossing (CSX Standard) Bituminous Matedal Matedal Handling 5,00% Subtotat Wage 2 of 3 ~OO;NTRACT,i, Asphalt Paving - City's Responsibility Disposal of Waste Materials Maintenance eT Traffic Subtotal 0 MAN-HRS ~ 19.50 80 MAN-HRS S 19./;0 $ %170.00 4_~8 MAN-HRS $ 19 50 $ 936,00 48 MAN-HR$ $ 19.50 $ 936.06 4._~ MAN-ttRS ¢ 19 59 $ 936.00 16--8 MAN-HRS $ 19.50 5 3,276.00 8 MAN-Has 5 19.5,0 $ 156.00 28 MAN-HRS ~ 19.50 2~. MAN,HRS $ 19.50 S 468.06 4--8 MAN-HRS S 19.50 $ 936.00 24--0 MAN-HRS $ 19,:,50 $ 4,680.00 _8 MAN-HRS $ 19,.50 $ 156.00 0 MAN-HRS ~ 1950 0_ MAN-HRS ~ 19.50 $ 0 MAN-HRS $ 19.50 S 48 MAN-HRS ~ 19.~p. S $ 3,177.72 $ 9,679,9~ 9--7 MAN-DAY $ 85.00 ,,,$ 5 335.00 $ 33,324.66 1_~ EA $ 25~25 $ 3,307.75 312 LF $ 9.40 $ 2,932.80 A LOT ~ 2,000.0Q $ 2,000.00 ~ RL $ 250.00 $ 500.00 280 LF $ 6.00 $ 1,680.C0 131 NT $ 15,00 S 1,965.O0 1~0 EA 5 55.25 $ 552.50 ~ EA $ 55.2~ $ 22%00 i EA $ 1,p.~o.o~ $ 4,200.00 ~ TF ~ .225.o0 ~ TF $ 135.00 $ 120 TF $ 280,00 $ 33,600.00 ~ TF $ 60.00 ~ TF 5 35.00 5 ~ T~ S 87.00 $ _8 NT $ 70.00 5 $ 2;547,95 ~ 53,507.00 NT $ 110.00 TF $ 10.00 DAY $ 30O.O0 $ ' O $ ~,960. 0 $ $ 1 ~960:00 APR.-16'O2(~UE) 12:,22 TEL:g042451020 P.O~3 CSX TRANSPORTATION, INC. _. FORCE ACCOUNT ESTIMATE ACCT. coOE: 70s - IN0200 Pub EB - 3 GFP Page 3 of 3 EQUIPMENT RENTAL: Gang Truck Boom Truck Dump Truck Backhoe Oomprcasor Air DdllNVre nch Tie Tamper (CA-O Tie Tamper (Production) Tie Tamper (LJtiiity) Ballast Regulator Roller Barricades Subtotal 2~5 DA'-' $ 180.40 _8 DA'" S 304.16 _7 DAv $ 283.04 1.._5.5 DAY 1_~5 DAY $ 113,52 1~ DAY $ 11 _0 DAY $ 1,580.16 _~ DAY $ 785.60 2_ DAY $ 785,60 2_ DAv $ 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 1,571.20 571,20 ~5,o7o.is TRANSPORTATION;. Subtotal .WORK TRAIN: Subtotal LS $ 4,000.00 DAY $ 2,080.10 $ 4,000.00 $ 4,bO~oo SALVAGE: Roll OTM Subtotal 7 5_._! NT $ B5,00 1,98 NT $ 75.00 $ (48&l 5) S (147001 $ (635.15) .CONTINGENCIES: 10.00% (Exclude~ Sig. & Comm.) GRAND TOTAL ' ..... * ...... *************************--********** $ tt,76g.61 $ 265,120.85 pi,VISION OF COST: Agenc~ "' '.. Railroad 100.00% 0.00% TOTAL $ 265,120,85 $ S 265.12h-j.85 Office of Dfstdct Project Engineer Cincinnati District, Fort Wright, KY Estimated By: ID.J. F~e Telephone: 859-344-8:37 DATE: 1_2/12/2001 REVlSEB: NOTE: This estimate is based on FULL CROSSING CLOSURE during work by Railroad Farces. File: IN0200-$urfa~e FAE APR.-16'O'2(IUE) t2:23 TEL:gII4245102G P 0£4 ESTIMATE: 9902041-20620 CSX TRANSPOR-T-ATION ESTIMATED COST TO ~NSTALL AUTOMATICALLY CONTROLLED CANTILEVERS AND GATES JEFFERSONVILLE, IN [NTERCITY RB. OP#: tNO200 AAR#: NEW PROJECT#: IN2000070 SUMMARY MATE RIAL: $62,149.76 SALES TAX: $0.00 LASOR INSTALLING: CONSTRUCTION: 93 MAN DAYS $19,158.00 SHOP: - ' fi MAN DAYS $?05 ~0 ALI OWANCE: P-~ILROAD ENGINEERING, PRE!.tMINA~Y: $2,980.19 RAI_P-.~.~AD ENG.NE:RING, CONS ~ Rt'-~ [ ION $~,8.- ~,, 0 ADDITI'JES TO CONSYRUOT]ON L.%BOR: ADOITfVE~ i'(J ENGINEERING: ~5,025.57 ADD#FIVES TO Shop LA~OR: EQUIPMENT EXPENSE: WASTE M.A.N,AGEM ENT: $721.00 $?,000.00 $240.00 CONTRACT ENGfNEER[N~ INVOICE; (CAT !-~1,950.00 + OAT ';'-$2,750.00 + CAT~-$1 ,~.97) $6.033.9? FREIGHT: $2,400.00 220 VAC POWER SERVICE: ,. SO,00 ESTI MATED SALVAGE: ~1 .o0 MISCELLANEOUS CHARGES: POWER INSTALLATION ) '~o~1 E.~tlmated 6o~t DA~; 2J2512002 ESTIMATE BY: S~T~AN SYS~MS CORP. NO~: ~18 EST[~A~ SHOU~ B~ CON$1DE~D VC~D ONE Y~ F~O~ ~E DA~ OF ESTI~ R~.9~-3 $~3e,22e.72 EXHIBIT 3 O~(IUE) 1~:!2 %L:90424S10i0 ,,'P. O06 .. C~alog Hum .... 020-0013475 020~013906 020~001~000 020-0014605 020-0052475 020-0052920 020-.005292~ O20-0053065 020-0053245 020-0056424 020-0055463 020-0057275 020-0~68633 O2O-1040302 020-1O40304 020-1040306 020-1040~40 020-1040550 020-1150780 020-1155551 020-1360014 020-1360016 02-0-1360103 020-150i690 020-2060060 020-3901895 020-3920206 020-3930010 020.4200340 Page 2- cf 4 , Field Material List for CSX Proje~: IN2000070 (Effective: 02/14J2l]02) I~STALL AUTOMATICALLY CONTROLLED CAN]3LEVERS AND GATES Jeffersonvflle, IN - B 49.50 I 1.4-8 t 30 192,40 CONNECTOR TRACK D&W SSPT OR ERICO SBPAC3ACSX APPLY 3/16" 1 4.37 350 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 9AWG' SOLID C CSX SPEC SS796 SHOW 1 2296.80 2 4593.60 FOUNDATION 5'-6-1/2" SECT FRED&ST CONCRETE ASSY BOLT 1 3.30 4 13,20 ARM 0CSX2719S SHORT EXTENSION 7-!14" LG ALUMINUM ALSO 1 0.44 5 2.20 BAND 0-204 BAND IT 1/2" SS BURCO ORDER BY THE FT I 0.31 4 1.24 BUCKLE 0-254 BAND IT 1/2 IN SS BURCO I 2.63 67 176.21 BOND 3/16" X 6-1/2" ST~LE XS RAIL HEAD W/WELD METAL & 1 1.10 150 165,00 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 AS,SY CSX DWG SS222 INOL 1 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 X[NG 24 ALUM 1-~¢AST OANTLR FL LT ASSY · 'i 139.04 7 973.28 BATTERY GNB 50A07 ABSOLTE lip. 160AH EA MAINTENANCE FREE I 167.48 6 1004.B8 BATTERY GNB 50A~ 1 ABSOLTE HP · ' 265AH ,~A MAINTENANCE FREE '1 - 231.55 6. 1389,30 BATTERY GNB 60~!5 AE.SOLTB tip ' 370AH EA MAINTENANCE FREE I 27.18 2 54,36 TRAY PVC BATT FIBER CO 82687-1-P 12" WIDTH 24" LONG' " 37.89 t 27,89 TRAY PVC' BATT FIBER OD ' 82687-3-P 12" WIDTH 38" 1 0,43 156 67.08 BOND STRAND 3/16" DIA 7 STRANDS OF 19 STR EACH 6 WITH ~ 1,55 8 12.40 CLIP T~K WIRE RETAIN ERICO ' SBA248B SPRING STEEL SA~ 1075 1 693_11 1 693_11 PACKAGE FOREMANS CARE FOR ALUMINUM TYPICAL BOM FOR USE I 15.39 1 15,39 PACKAGE SAFETY & SECURMENT WITH t EA OAUTION TAG 1 E_A I 943.41 1 943,41 LAYOUT METER SERVICE WITH 25' POLE CSX DWG SS351 SH 2 ITEMS I 4~6 175 735.00 CABLE UG 9 COND NO 6 AWG SOLID C CSX SPEC SS796 SHOW I 372,76 2 745,86 FOUNDATION ASSY 5'-7"' HT TYPE S-2 SECTIONAL PRECAST 1 81.00 2 162.00 Tip FLEX HWY CROSSING GATE 24 IN LONG RED & WHITE STRIPES 1 185.88 t 185.88 BELL GCWD ELECTRONIC 4" OR 5" MAST 8 TO 13 VOLTS DC GSI PN I 3.60 2 7.20 KIT GATE ARM WARNING 8TICKER KIT INCLUDES 1-EA 5"X3" I 1,CH- 47 48.88 LINK TEST OFFSET LINK 1IN CENTERS tNSLJLATED W/SPECIAL EXHIBIT3 02./25/2O02 "02(TUE) 12:23 TEL.9042451020 P 0~5 Catalog Num Cond 020-0003388 I 020-0017120 1 13.41 -,020-0017211 I 277,29 020-0017311 1 22,89 020-0021965 1 9.05 020-0022651 1 48.76 020-0022754 1 75.01 020-0025595 1 18.94 020-0053390 1 421.96 020-0056514 I 9.07 020-0660075 1 355.10 ~20-0750090 1 4,99 020-0770060 1 10.76 020-1940055 ! 5.42 020-2552460 I 6957.19 020-2901190 I ' 9.q6 020-343O 11'C 1 270.0O 020-3430115 1 518.40 020-3430135 1 399,60 020-3430170 1 426.86 020-3430185 1 378.00 020-4200100 1 5.93 020-4200340 I 1 .O4 020-4200360 1 4,47 020-8000067 1 14.21 · 020-6100034- ' 1 2421.90 Shop Material List for CSX Project' IN200007§ INSTALL AUTOMATICALLY CONTR~3LLED CANTILEVER~ Jeffersonviile, IN - B 48.50 Unit Price Qty cost Description' 6553.00 1 6553.00 HOUSE 6X6L ALUM INCLUDES 5 SHELFS, FARADAY CLOSET; 120V 3 4023 BLOCK ~RMINAL 12 WAY SINGLE STRIP AAR DWG 10544 MP 14.1.6 1 277.29 TRANSFORMER 010520-$0XLIGHT 750VA MOD SLT 50 SAFb t PAN PRI 12 274,68 RESISTOR 029602~52X ADJ 0.035 TO 1.50 OHMS SAFETRAN PL K326 1 9,05 EXTRACTOR DWG 59688-4 TERMINAL GRS CAT P3-308 REF 5 243.80 PLUGBOARD KIT TYPE B1 OR ST1 RELAY ASSEMBLY WITH 22 EACH 1 75.01 RECTIFIER SAFETRAN 590000-X SILICON USE WiTH SAFETRAN 1 16.94 WRENCH DWG §5393-3 GR~ "E" TERMINAL POST NUT GRS CAT 3 1265~88 CHARGER BAt 1 ~-RY NRS 12,'20 SCR SOLID STATE 20 AMP ROTARY 1 9.07 SOCKET 27E166 RELAY POi I bR BRUM FOR PB 'F¥'PE KHAU 4FB NV 1 355.10 ARRESTER GE 9L10KAA~12 FOR APPLICATION ON 120 VOLT 3 14.97 NUT INSULATED SAFETRAN 023408-1X 1-3/16" FOR 120V AC 47 505.72 ARRESTER US&S,N451552-0201 T~..CK SERIES RED LABEL USGA 1 5,42 CONTAINER CIRCUIT PRINT 24" SCHEDULE 20 4" PVC PIPE WITH 1 6957.19 DETECTOR HAR/vION 300608-200 PMD~3R SYSTEM W/SKHZ RSI AND 1 .9.06 RELAY P&B KHA~17At2-120, POWER-OFF FOR GENISYSSYS.+"'=M 1 270.00 RELAY SAFETRAN 400004 4FS-2F-1B NEUTRAL 500 OHMS 1 518.40 RELAY SAFETRAN 400005 4FB HD-2FB NEUTRAL 500 OHMS CSX 1 399.60 RELAY SAFETRAN 400213 2FE SLOW RELEASE 480 OHMS CSX RE]= I 426.86 RELAY SAPETRAN 400800-CSX 6FB HD POWER TRANSFER 100/100 1 378.00 RELAY SAF~ ~P~N 400700-X 4FB FLASHER 60 OHMS COMPLETE WITH 3 17,79 CONNECTOR BUS 1" CENTERS 1/2" X 38' 18 GAGE PUNCHED 1/4" X 4:7 48,8.8 LINK TEST OFFSET LINK lIN CENTERS INSULATED W/SPECIAL 9 40.23 LINK INSUL TEST 2-3/8" CENTERS CENTER CONTROL TEST 2 28.42 LOCK AMERIC~I H~ OKA CSX SIGNAL PADLOCK W/BK CHROME · 1" 2421.90 RECORDER EVENT HARMON HAWK ASSEMBLY COMPLETE WITH Total CoSt: $ 21162.49 Page I of 4 EXHIBIT 3 E~limate ID: 02J25r2~02 12:24 TEL:9)42451020 ,~ Consumables List for CSX Project; IN2000070 (Effecti'~e: 021t4/2002) INSTALL AUTOMATICALLY CONTROLLED CANTILEVERS AND GATES Jeffersonville, iN - lB 49.50 P. 008 Cond UnitPdc¢ 200.00 10 800.00 1 1 0~0 350 1 0.50 500 I 0.33 150 I 0.11 2O0 I 0.75 130 1 0.49 100 1 8,91 2 I 0.51 2 1 0~42 27 1 O.56 120 1 0.62 3O 1 . O.SO 0 I 50.00 1 I 0.02 100 Total Catalog Num N/A N/A 020-0017605 ' ',' .... 020-0017607 '020-0017625 020-0017630 020-0017835 020-0028610 020.-326197O 02O-4.200880 020,-42OO892 020-4251190 020-4251290 020.-4~51295 020-~9~9992 450-0019212 Qty Cost D~-rlption 2000.00 800,00 70.00 280,00 49,50 22.00 97.50 FILL MATERIAL, !0 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 SS796 FURN 1000 FT SPOOL W!RE SIGNAL DEL 018, NO 6 COPPER STRANDED SINGLE 49.00 TERMINAL RING AMP 35628 YELLOW PLASTI.BOND HVY BUTY 17.82 DECAL ASSY 2" BLACK PRESSURE SENSITIVE VINYL PRE-MASKED 1.02 CONNECTOR TERMINAL 2-3/8" CENTERS AAR t4.%"15..4 NICKEL 11:34 CONNECTOR TERMINAL 1" CENTERS AAR 14.1.15-3 NICKEL PLATED 67.20 TERMINAL RING AMP 3~827 BLACK PLASTI-EOND WIRE SIZE 10-t2 18.60 TERMINAL WIRE AMP 32205'1 BLUE WIRE SiZE NO 6 AWG 1/4" STUD 3.3¢ TERMINAL WIRE AMP 322007 BLUE WiRE S~ZE NO 6 AWG 3/8",STUD 50,00 ROUSE, SIGNAL HANDLING CHARGE, BURCO DISTRIBUTION 2,00 SCREW 10 X 1" SHT METAL PAN HD TYPE A COARSE THREA0 Cos1= $ 350928 EXHIBIT 3_ ~AT~S &W 88PT OR PPLY' 3/16"' 40 6 AWG :soUD C ) 9 AWG' 7'98 sHOW SEOT ASSY BOLT ~T EXTENSION _SO /2" SS r 112 IN 'YLE ×S ETAL & ~ ,9 AWG ;796 sHOW ~.ST W/SPLIT ~ REQUIRING ~,OSSING , SS222 INCL ::'AIR NO 6 qE JKT CSX (lNG 24 R FL LT ASSY ABSOLTE lip · ABSOLTE qC~ FREE qCE FREE .R CO 24" LONG' !R OO 38" BlAT BACH 6 WITH \IN ERICO EEL SAB 1075 ~S cAiRP-- FOR BOM FOR USE. ,. sEcURMENT TAG 1 EA ~,VICE WITH 25' ;51 SH 2 iTEMS qO 6 AWG SS796 SHOW 5'-'P' HT TYPE iCAST SSING GATE 24 !TE STRIPES RONIC 4" OR 5" -S DC GSI PN ~,NING STICKER ,5"X~" LiNK 1 IN ED W/SPEcIAL 02,'25/2002 ~'02(TU£) 12:24 TEL:gG42~$1020 ?.0C7 ....... '~:-' '-- "~SX Prclect' IN2000070 (Effect~e' 02J'~4t2~02) INSTALL AUTOMATICALLY CONTROLLED CANTILEVERS AND GATES Jeffersonv[lle, IN - B 49.50 Ca~[og Num 0204200900 020-9999991 250-0010780 360~006100 360~800145 Unit Price 0.20 100.00 8.05 33.44 4.39 Qty 10 1 '110 1 1 Cost Description 2.00 CONNECTOR SHEATHING AMP S29860 FOR NO. 14WIRE 100.00 BLOCKING AND BRACING FOR PROJECTS BUR. CO DIST · 665.50 CONDUIT'GALV RIGID 4"STL I0 LENGTH W/TAPERED THREADS ON 33.4~ STOOL STEP WOOD 14"X 20" ,S~GNAL MAIN'TAINERS CSXT 4.39 BROOM WAREHOUSE CORN HVY DUT'Y ID300 Total Cost: $ 37477.g8 Page 3 of 4 EXHIBIT.3 02/2512002 ~6' 02(?UE) 1~:~4 7EL:9)42451020 P. 008 Catalog Num -, N/A N/A 020-0017605 ' '¢ .... 02~0017607' ' 020-0017625 O20-0O1763O 020-0017838 020-0028610 O2~3261970 02O4200880 020-4200892 020~251190 02O-4251290 020-4~51295 020-9999992 450-0019212 Consumables List for CSX Project: IN2000070 (Effective: 02114/2002) INSTALL AUTOMATICALLY CONTROLLED CANTILEVERS AND GATES Jeffer~onviIle, IN - I~ 49,50 Cond Unit Pdce Qty Cost Des~Tipdon 200.00 10 2000.00 FILL MATERIAL, ! 0 CUBIC YARDS 800.00 I 800,00 WALKWAY ROCK, 10 CUBIC YARDS 1 0~20 350 70.00 WIRE CASE 10 AWG FLEX, CSX SPEC SS796 OKONITE I 0.50 500 ' 250.00 WIRE CASE 'P¢¢'PR NO'10'AWG" FLEX CSX SPEC SS796 'RA'IST 2 1 0.33 150 49.50 WIRE CASE TW PR NO 14 AWG FLEX CSX SPEC SS796 TWIST 2 I 0,11 200 22.00 WIP, E CASE NO 16 AWG FLEX CSX SPEC SS796 FURN 1000 FT SPOOL I 0,75 130 97.50 WIRE SIGNAL DEL 018 NO 6 COPPER STRANDED SINGLE I 0.49 100 49.00 TERMINAL RING AMP 35628 YELLOW PLASTI-EOND HVY BUTY 1 8.91 2 17.82 DECAL ASSY 2" BLACK PRESSURE SENSITIVE VINYL pRE-MASKED I 0.51 2 1.02 CONNECTOR TERMINAL 2-3/8" CENTERS AAR 14.%t 5-4 NICKEL 1 0.42 27 11.34 CONNECTOR TERMINAL 1" CENTERS AAR 14.1.15-3 NICKEL PLATED 1 0.56 120 67.20 TERMINAL F~ING AMP 36627 BLACK PLASTI-BOND WIRE SIZE 1~12 1 0.62 30 18,60 TERMINAL WIRE AMP 322051 BLUE WIRE SIZE NO 6 AWG 1/4" STUD 1 . 0.55 8 3.30 TERMINAL WIRE AMP 322007 BLUE WIRE SiZE NO 6 AWG 3/8'.STIJD 1 50.00 a 50.00 HOUSE. SIGNAL HANDLING CHARGE. BURCO DISTRISUT1ON I 0.02 100 2.00 SCREW 10 X 1" SHT METAL PAN HD TYPE A COARSE THREJ~D to~l Cost: $ 3509.28 EXHIBIT Page 4 of 4 02/2512002 January 6; 197~8 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 fctlows: (1) Compliance with Requtations: The contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation Title 49, Code of Federal Regulationsl 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 dudng the contract, shall not discriminate on the ~rounds of race, cofar, sex or national odg!n in the selection and retention of subcontractors, including procurements of matedats and leases of equipment. The contractor sha~l not participate either directly or indir6ctiy in the discrimination prohibited by Section 21.5 of the Regutations, including employment practices when the contract covers a program set forth in Appendix B of the Regutations. (3) Solicitations for Subcontracts: facludinq Procurements of Materials and Equipment: In at[ 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 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 bcoks, 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 comptianco 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 [ndtana Department of Transportation, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. Nofwiths[anding 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 factuat defenses which it may have under any present or subsequenfiy enacted or modified Federal or State statute, regulation or order. (5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondlscdmination provisions of this contract, the Indiana Department of Transportation shat[ impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: (a) withhcldiog of payments to the contractor under the contract until the contractor complies¢ and/or (b) cenceltation, termination or suspension of the contract in whole or ia part, (6) Incorporation of Provisions: The contractor shat[ include the provision of paragraphs (1) throu9h (7) in every subcontract, including procurements of matedats and leases of equipment, untess exempt by the Regulations, or directives issued pursuant thereto. The contractor shat[ 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 indudiog 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 Fac[tit[es: By submission of thls 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 matedats 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 sen,ices 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 tadtities" 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 tots, ddnkthg fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by exptioit directive or are in fact segregated on the basis of race, creed, color, or national odgin, because of habit, local custom, or otherwise, He agrees that (except where he has obtained identical ce~fications from proposed subcontractors and matedal suppliers for specific time periods), he wiII obtain identical ca~flcation from proposed subcontractors or matedal suppliers pdor to the award of subcontracts or the consummation of matadal suppIy agreements, exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, ~nd that he will retain such certifications in his flies. ID GATES K D&W sSPT OR X APPLY ) 6 NO 6 AWG ,WG SoLiD C ) NO 9 AWG' SS7@8 SHOW /2'~ sECT TE ASSY BOLT -~ORT EXTENSION '~1 ALSO ,T 1/2" SS THE FT ID IT 1/2 IN ' sTYLE XS '3 METAL & NO 9 AWG ,; SS796 sHOW ' MAST W/SPLIT GNS REQLJtR[NG ( CROSSING ~WG SS222 INCL ST PAIR NO 6 RENE JKT CS:/.` VY XtNG 24 4TLR FL LT ASS¥ \07 AB, SOL'gE I1~ . NANCE FREE ~I 1 ABSOLTE lip NANCE FREE ~.!5 ~.SOLTE .NAN ~.E F~,EE :IE~ER CO )TH 24" LONG' :lEER CO )TH 38" '16'" DIA7 STR EACH 6 WiTH [ETAIN ERICO j STEEL SAE 1075 vlANS CARE FOR 3AL BOM FOR USE ~ & sECURMENT ~ON TAG 1 SERVICE WITH 25' SS351 SH 2 ITEMS '4D NO 6 AWG 'EC SS796 SHOW ~SY 5'-T' HT TYPE pRECAST ;ROSS~NG GATE 24 WHITE STRIPES =~CTRONIC 4" OR 5" OLTS DC GSI PN ,~VARNING STICKER t-FA 5"X3" sET LINK LATED WISP Ec[AL JanuaPJ 6, '1978 July 26, 1983, Revised APPENDIX "A" Dudog the performance of this contract, the contractor, (~or itself, its assignees an~ successom in interest (hereinafter referred to as the "Contractor") agrees as follow~: (1) Compliance with Requlations: The contractor shall comply with the Regulations relative to nondisc~mination in federally assisted programs of the Department of Transportation Title 49, Code of Federal Regulations, Par~ 21, as they may be amended from time to time, (hereinafter reran'ed 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 dudng 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 matedais 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 emptoyment practices when the con ract covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Subcontracts: Inc ud nR 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-cohti,~ct, including procurements of materials or leases of equipment, each potentia~ subcontractor or supplier shatl 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 Reports: The contractor shall provide ali 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 facitities as may be determined by the Indiana Department of Transportation or the Federal Highway Administration to be pertinent to ascertain comp;lance 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 Transpodation, or the Federal Highway Administration as appregdate, and shall set forth what efforts it has made to obtain the information. Notwithstanding any of the provisions or terms of Appendix "A" as contained within this agreement, it is agreed that the Company does not waive any of its substantive or procedural rights or any of its legal, procedural or factual defenses which it may have under any present or subsequently enacted or modified Federal or State statute, regulation or order. (5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the indiana Department of Transportation shall impose such contract sancfions as it or the Federal Highway Administration may determine to be appropriate, indudiog, 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) Incoq~oration of Provisions: The contractor shall incJude 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 Transpodation 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) Nonsegreqated Facilities: By submission Of this bid, the execution of Sis 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 factiities 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 cen~ct, where segregated facilities ere maintained. He agrees that a breach of this cerfificetion 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, 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 odgin, 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 identical certification from proposed subcontractors or mateda[ supptiers pdor to the award of subcontracts or the consummation of matedal supply agreements, exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, ~nd that he will retain such certifications in his files.