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HomeMy WebLinkAbout1052 - Coop Agreement-MoDot,BNSF & City BILL NO. 2010-075 ORDINANCE NO. /US��..� �' AN ORDINANCE AUTHORIZING AND APPROVING THE CITY OF RIVERSIDE TO ENTER INTO AN INTERGOVERNMENTAL COOPERATION AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION AND BNSF RAILWAY COMPANY FOR HIGHWAY/RAIL CROSSINGIMPROVEMENTS WHEREAS, the Missouri Highway and Transportation Commission (MHTC), BNSF Railway Company (BNSF) and the City of Riverside (City) have determined various safety improvements are necessary at an existing public highway/rail grade crossing within the City where Mattox Road intersects the BNSF Railway tracks (a crossing designated as USDOT # 079383B); and WHEREAS, the Board of Aldermen find that in is in the best interest of the citizens of the City of Riverside to enter into an agreement to provide for funding, installation and maintenance of such additional warning devices and other improvements at the Mattox Road highway/rail crossing as set forth in Exhibit "A" attached hereto; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: SECTION 1- APPROVAL OF AGREEMENT. That execution of an Intergovernmental Agreement by and between the City of Riverside and the Missouri Highways and Transportation Commission, and BNSF Railway Company, in substantially the same form as Exhibit "A" attached hereto, is hereby authorized and approved. SECTION 2- EXECUTION OF CONTRACT. That the City Administrator is authorized to execute the Agreement and alt documents necessary or incidental to the performance thereof, and the City Clerk is authorized to attest to the same. SECTION 3- REPEAL OF ORDINANCES IN CONFLICT. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. SECTION 4— SEVERABILITY CLAUSE. The provisions of this ordinance are severable and if any provision hereof is declared invalid, unconstitutional or unenforceable, such determination shall not affect the validity of the remainder of this ordinance. I SECTION 5— EFFECTIVE DATE. This ordinance shall be in full force and effect from and after the date of its passage and approval. BE IT REMEMBERED that the above was read two times by tit�e only, passed and approved by a majority of th�Board of�ermen and APPROVED by the Mayor of the City of Riverside, Missouri, this �_ day of � , 2011. . .� , 1! / _. �i'/ � . g a �Gt���'� ' ".��= Ka leen L. Rose, Mayor ATTEST: . r�_ Approv _- o form: J ,�� � � r � ('� /,f ��/k.n.r'�=%�: �2z4'',( � ��� Robin Littrell, ity Clerk Nan m on, City Attorney i �iiu.� ��i i�;�,�-is�.�a � �� i i i ��i ��� �� I'� � ��� .-��. _ � .� �, � ��;. MISSOURI HIGHWAYS AND TRANSPORTATION C0�1MISSION ��;?, ADMINISTRATNE ORDER • ' • � • ORDER NUMBER: URO-10— 6 AN APPLICATION AND/OR AGREEMENT WAS FILED WITH THE MISSOURI DEPARTMENT OF TRANSPORTATION (MoDOT), PROPOSING THE CONSTRUCTION, ALTERATION OR ABOLISHMENT OF A PUBLIC HIGHWAY/RAIL GRADE CROSSING OR GRADE SEPARATION STRUCTURE, OR BOTH. MoDOT HAS DISPLAYED A PUBLIC NOTIFICATIDN DOCUMENT IN THE MoDOT DISTRICT OFFICE WHERE THE CROSSING IS LOCATED, FOR NOT LESS THAN THIRTY (30) DAYS. THIS ADMINISTRATIVE ORDER DETERMINES WHETHER THE PROPOSED CONSTRUCTION, ALTERATION OR ABOLISHMENT SHOULD BE APPROVED. • • •-� Local Public Road Authority Railroad Corporetion Other Party or Parties of Record City of Riverside BNSF Railway Company (BNSF) Missouri Highways and Transportation Commission (MHTC) � � -• '• • • USDOT Crossing 079 383B Project RRP-ODOS(278) I Roadway Urban Local Inventory Number Num Classification Route No. NIA Street Name Mattox Road � In ❑ Near City I Town I Village Riverside County Platte Missouri Railroad BNSF Railway RR Milepost 7.51 � �• • �- � � � • � • � • The project proposed for MHTC's consideration is described in the detailed plans, specifications and cost estimate(s�, which are attached as exhibits and incorporated by reference in this Administrative Order. If the interested parties have signed an Agreement concerning this proposed project, then a copy of the Agreement is attached. Except as otherwise specified below in this section, each responsible party that constructs or installs a device or other safety improvement shall maintain that device or safety improvement after completion. The project is summarized below: _--- - — -- -- - ----- -- - Apportionment of Work Apportionment of Costs Scope of Work — — -- — - --,-- - --- Responsible ORDERED Responsible Party °/a $ _ Party DUE DATE (Fund) ___�_ _ MHTC (Sec. 130J q p i $5,931.00 Install new light emitting diode (LED) 50/ of 11,862.00 lights in place of existing incandescent lights on the flashing light signal and MHTC (GCSA) q0% $5,931.00 gate arm lights at Mattox Road BNSF July 1, 2011 50% of 11,862.00 highway/rail grade crossing (DOT #0T9 MHTC Sub[otal 80% a11,862.OD 3838�. BNSF 20% $2,965.00 Subtotal $14,827.00 ���1 V �� 01�1.�11 \ 1 7W Fornt URO-1 (3/22/03) J:lwrighj416NSFWdmin OrderslAdministrative order-BNSF Mattox Rd LEDs.doc Page 1 Of 3 1V�H'PC ADMINISTRATiVF. ORDER DETERMINING PROPOSED CONSTRUCTION, ALTERATION OR ABOLISHMENT OF PUBLIC HIGHWAYIRAIL GRADE CROSSING, OR GRADE SEPARATION STRUCTURE, OR BOTH Install median barriers along roadway ' approaches to both sides of the highwaylrail crossing; install curbs and gutters in the northwest and southeast quadrants of the crossing; install all required signage necessary to comply with Federal Railroad Administration City of Riverside July 15, 2011 City of Riverside 1D0% Project Cost (FRA) rule 49 CFR Part 222 (Train Horn Rule). Move existing W10-1 adyance warning signs from present location to site of � pavement markings on both sides of I crossing. Install new concrete crossing surfaces i on 6oth tracks of the highwaylrail BNSF July 7, 2011 City of Riverside 100% Project Cost crossing. ; 7he above scope of work in this Administ2tive Order is in re/ation fo the City of Riverside's application with I the FRA for a "Quiet Zone". Lump sum payment from City of Riverside to MHTC as City's contribution to signa! improvement Clty of Rlverside Lump sum .$3,000.00 project. Payment to be made within 10 days of commencement of work by BNSF Railway Total estimated project costs: Project Cost � '• � • '• A. THE PROPOSED PROJECT IS APPROVED AND AUTHORIZED AS DESCRIBED IN SECTION 4 OF THIS ORDER, FOR THE FOLLOWING REASON�S): 7. The proposed project will not adversely affect public necessity, and will promote public safety, if it is completed and maintained in conformity with the terms of this Administrative Order. • ��� • � � � �••� - A. MHTC FINDS AND ORDERS THAT EACH RESPONSIBLE PARTY IDENTIFIED IN SECTION 4 SHALL: 1. Proceed with the construction and installation of the project in conformity with Section 4 of this Administrative Order. Each responsible party shall notify the MoDOT district area engineer where the project is located, not less than five (5) days before beginning field work. 2. Complete all required project work described in Section 4 of this order, not later than the Ordered Due Date stated above in Section 4 of this Administrative Order. 3. Submit written notice of completion of all assigned project work items to MoDOT's Railroad Administrator, not later than the ordered due date for completion of such work. 4. Maintain each device or other safety improvement as provided in Section 4 of this order. 5. Submit project final bills for all work reimbursable by MHTC as provided in Section 4 of this order, not later than eight (8) months after submission of notice of completion, or funds will no longer be available. Form URO-1 (3/22/03) J:lwrighj416NSFUldmin OrderslAdministrative order-BNSF Mattox Rd LEDs.doc Page 2 Of 3 MHTC ADMINISTRATIVE ORDF.R DETERMINING PR�POSED CONSTRUCTION, ALTERATION OR A80LISHMENT OF PUBLIC HIGHWAYlRAIL GRADE CROSSING, OR GRADE SEPARATION STRUCTURE, OR BOTH � �� -• ,- � • Any interested party may file an application for review of ' this Administrative Order with the Missouri Administrative Administrative Hearing Commission Hearing Commission (AHC�. Upon the filing of such an Truman Bldg., Room 640 application, AHC acquires exclusive jurisdiction to review, p,0. Box 1557 determine, prescribe or deny the project, as provided by �efferson City, MO 65102-1557 law. Then AHC may conduct hearings, make findings of 573-751-2422 fact and conclusions of law, and issue orders determining this project. Any interested party aggrieved by a final administrative order in this matter, whether issued by MHTC or AHC, may seek judicial review of that order by filing a petition in the Missouri Circuit Court as provided by law, unless the party waives judicial review. � •-� - � Signature: �/� ��� C�` Date Signed: a-a3 - a D)( -- C�---- --=— — — -- _ -- - ---- — - — Name (Printed): Brian Weiler I 7his Order becomes effective immediately. 7itle: Multimodal Operations Director Form URO-1 (3l22/03) J:lwrighj4lBNSF�.4dmin OrdersWdministrative order-BNSF Mattox Rd LEDs.doc Page 3 Of 3 f CCO Form: RR9 Mattox Road, Platte County Approved: 04/04 (BDG) City of Riverside Revised: 07/05 (BDG) Crossing No. 079 3836 Modified: 10/10 (DW) Job No. RRP-OOOS (278) MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION SUPPLEMENTAL AGREEMENT FOR HIGHWAY/RAIL I CROSSING IMPROVEMENTS i TABLE OF CONTENTS i Paqe No. i TABLE OF CONTENTS ............................. � ......................................................................1 i LISTOF EXHIBITS ..........................................................................................................2 � LISTOF ACRONYMS ......................................................................................................2 ! IDENTIFICATION OF PARTIES ......................................................................................3 i RECITALS/ WHEREAS CLAUSES .................................................................................3 � CONSIDERATION...........................................................................................................3 � (1) PURPOSE ............................................................................................................3 (2) SCOPE OF WORK ...............................................................................................3 I (3) FUNDING AND APPORTIONMENT OF COSTS ..................................................4 (4) COST OF PROJECT ............................................................................................4 ; (5) PRELIMINARY WORK ..........................................................................................5 � (6) CHANGE ORDERS ..............................................................................................5 � (7) INSTALLATION .....................................................................................................5 � (8) FORCE ACCOUNT AND NON-FORCE ACCOUNT WORK .................................5 � (9) MAINTENANCE AND OPERATION .....................................................................5 (10) RELOCATION OF SIGNALS ................................................................................6 (11) PAYMENT PROVISIONS .....................................................................................6 (12) INDEMNIFICATION ..............................................................................................6 (13) EMPLOYMENT OF UNAUTHORIZED ALIENS PROHIBITED .............................7 (14) WAIVER OF HEARING ON ISSUANCE OF ADMINISTRATIVE ORDERS..........8 (15) NONDISCRIMINATION ASSURANCE .................................................................9 (16) PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES ..............10 (17) AMENDMENTS ...................................................................................................11 (18) ASSIGNMENT ....................................................................................................11 (19) LAW OF MISSOURI TO GOVERN .....................................................................11 ` (20) VENUE ................................................................................................................12 (21) CANCELLATION .................................................................................................12 (22) AUDIT OF RECORDS ........................................................................................12 (23) RAILROAD NOTIFICATION ...............................................................................12 (24) AUTHORITY TO EXECUTE ................................................................................12 (25) ORIGINAL AGREEMENT ..................................................................................13 SIGNATURES...............................................................................................................13 �.��I�T��" C��C�I.� T� � � ,� . a LIST OF EXHIBITS EXHIBIT 1 DETAILED PLAN EXHIBIT 2-A DETAILED COST ESTIMATE FOR LED SIGNALS INSTALLATION EXHIBIT 2-B DETAILED COST ESTIMATE FOR CROSSING SURFACES INSTALLATION EXHIBIT 3 BUSINESS ENTITY'S AFFIDAVIT VERIFYING WORKER ELIGIBILITY FOR MHTC CONTRACT OR GRANT IN EXCESS OF $5,000 EXHIBIT 4 AGENCY ORDINANCE AUTHORIZING EXECUTION OF THIS AGREEMENT ON BEHALF OF THE AGENCY LIST OF ACRONYMS AHC Administrative Hearing Commission CFR Code of Federal Regulations DBE Disadvantaged Business Enterprise LED Light Emitting Diode RSMo Missouri Revised Statutes USC United States Code USDOT United States Department of Transportation (Remainder of page intenfional/y leff blank) I 2 THIS AGREEMENT is entered into by the Missouri Highways and Transportation Commission (hereinafter, "Commission"), the City of Riverside, Missouri (hereinafter, "Agency"), and the BNSF Railway Company (hereinafter, "Railroad"), pursuant to the terms of a Master Signal Agreement between the Burlington Northern Railroad (BNSF's predecessor), and Commission executed by Burlington Northern Railroad on August 20, � 1980, and by the Commission on September 11, 1980, (hereinafter, "Master Agreement"). The Commission, the County and the Railroad are referred to collectively ' hereinafter as the "parties". � I WITNESSETH: WHEREAS various safet im rovements a ear to be warranted at an existin , Y p pp 9 public highway/rail grade crossing in the City of Riverside, Platte County, Missouri, where Mattox Road intersects the Railroad's tracks (a crossing designated as USDOT # 079 3836); and WHEREAS, representatives of the parties participated in a diagnostic inspection and field review of this grade crossing on July 13, 2010, during which they considered and tentatively agreed on the specific safety improvements that should be implemented � to enhance safety for both highway and railroad traffic at this grade crossing. i NOW, THEREFORE, in consideration of these premises and of the mutual i covenants herein contained, the parties agree as follows: ' (1) PURPOSE: The purpose of this Agreement is to provide for funding, installation, and maintenance of additional warning devices and other improvements at ' this highway/rail crossing (hereinafter, the "projecY'). (2) SCOPE OF WORK: (A) The Railroad's work on this signal improvement project shall include the Railroad's installation of new LED lights in place of the existing lights on the k flashing light signals and gate lights at the highway/rail crossing of Mattox Road (DOT# 079 383B) with the Railroad's tracks. (B) The Railroad's work shall also include the Railroad's installation of new concrete crossing surfaces on both tracks. (C) The Agency's work on this project shall include the installation of 3 � � median barriers along the roadway approaches to both sides of the highway/rail crossing, the installation of curbs and gutters in the northwest and southeast quadrants of the crossing, and the installation of all required signage to comply with Federal Railroad Administration (FRA) rule 49 CFR Parts 222 and 229 (Train Horn Rule), by the Agency. (3) FUNDING AND APPORTIONMENT OF COSTS: (A) The Agency shall pay a lump sum in the amount of three thousand dollars ($3,000.00), as provided in this subsection, which shall be applied to the payment of eligible costs incurred by the Railroad for its work described in subsection (2)(A) of this Supplemental Agreement. The Railroad shall immediately notify the Agency and the Commission when the Railroad begins this work. The Agency shall deliver a check payable to "Missouri Highways and Transportation Commission—Local Fund" in the amount of three thousand dollars ($3,000.00), not later than ten (10) days after the Commission gives notice to the Agency that the Railroad has commenced this work. If the Agency fails to make this payment in full by the due date, then the Commission shall have no obligation to continue with the project, and may cancel the project by giving written notice of cancellation to the Agency and the Railroad. (B) The Commission shall reimburse the Railroad for eighty percent (80%) of the remaining eligible costs incurred by the Railroad for its work described in subsection (2)(A) of this Supplemental Agreement, after application of the Agency's lump sum payment as described in subsection (3)(A) of this Agreement. The Commission shall pay these costs using State funds and Federal funds pursuant to 23 USC Section 130. The Railroad shall pay the remaining twenty percent (20%) of the cost of this work at the Railroad's own expense. (C) The Agency shall reimburse the Railroad for the entire cost of the Railroad's installation of new concrete crossing surfaces as described in subsection (2)(B) of this Supplemental Agreement, at the Agency's own expense. The Agency shall also pay the entire cost of all the Agency's work as described in subsection (2)(C) of this Supplemental Agreement, at the Agency's own expense. (4) COST OF PROJECT: The cost of the project shall be the total monies expended by the Railroad to comp►ete the work described in subsection (2)(A) of this Supplemental Agreement, all in accordance with the plan and cost estimate developed by the Railroad for this specific project and attached to this Agreement, together with the total costs expended by the Railroad to complete the work described in subsection (2)(B) of this Agreement, and the total costs expended by the Agency to complete the work described in subsection (2)(C) of this Supplemental Agreement. 4 (5) PRELIMINARY WORK: The Railroad shall prepare and submit to the Commission of a detailed plan and cost estimate for the work described in subsection (2)(A� of this Supplemental Agreement, and a separate detailed cost estimate for the work described in subsection (2)(B) of this Agreement, in accordance with the work recommended pursuant to the diagnostic re�iew of the subject grade crossing, which was conducted July 13, 2010, and in accordance with the provisions of the Master Agreement. The Railroad shall also provide copies of the detailed plan and both cost estimates to the Agency. The detailed plan shall be attached to this Supplemental Agreement as Exhibit 1; the detailed cost estimates shall be attached to this Agreement as Exhibit 2-A (signal work cost estimate) and Exhibit 2-B (crossing surfaces cost estimate), respectively; and Exhibit 1, Exhibit 2-A and Exhibit 2-B shall be incorporated by reference in this Supplemental Agreement. (6) CHANGE ORDERS: If any change is made in the original plan and extent of the Railroad's work, the Commission's reimbursement to the Railroad shall be limited to costs covered by a change order approved by the Commission before the Railroad performs that work. (7) INSTALLATION: The Railroad, upon receipt of notification from the Commission, shall furnish all labor and material and complete the work described in subsections (2)(A) and (2)(B) of this Agreement, not later than one (1) year after the Commission's execution of this Supplemental Agreement, in accordance with the Master Agreement, and in accordance with the approved plan and cost estimate, and the rules and regulations contained in the Federal-Aid Program Guide. The Agency shall furnish all labor and material and complete its work as described in subsection (2)(C) of this Supplemental Agreement, not later than one (1) year after the Commission's execution of this Agreement. The Railroad and the Agency shall coordinate the timing of their respective work on this project so that the work does not adversely affect public safety, and the Agency agrees to cooperate in the handling of traffic during construction. All traffic control devices installed by the Railroad or by the Agency pursuant to this Agreement shall be installed in substantial compliance with the applicable provisions of the Manual on Uniform Traffic Contro! Devices (MUTCD) (2009 Edition), published by the Federal Highway Administration. (8) FORCE ACCOUNT AND NON-FORCE ACCOUNT WORK: The Railroad will furnish all of the material and do all of the work described in subsection (2)(A), subsection (2)(B), and section (5) of this Supplemental Agreement with its own forces, or it may perform this work by using a c�ntractor paid under a contract let by the Company in compliance with the provisions of Title 23 Code of Federal Regulations (23 CFR), Chapter I, Subchapter B, Part 140, Subpart I. All relevant provisions in 23 CFR are incorporated by reference in this Supplemental Agreement. (9) MAINTENANCE AND OPERATION: The Railroad shall operate and maintain the warning devices described in subsection (2)(A) and the crossing surFaces 5 I } J described in subsection (2)(B) of this Supplemental Agreement at the Railroad's expense, until the grade crossing is abolished, or until the Commission orders that signals are no longer necessary at the crossing. The Agency shall operate and maintain the roadway improvements installed as described in subsection (2)(C) of this Supplemental Agreement at the Agency's expense. All traffic control devices installed pursuant to this Agreement shall be maintained and operated in substantial compliance with the applicable provisions of MUTCD, as those provisions have been and periodically may be amended. (10) RELOCATION OF SIGNALS: In the event the warning devices described in subsection (2)(A) of this Supplemental Agreement become unnecessary for the above reason, the Railroad shall remove and install the devices at another crossing mutually acceptable to the Commission and the Railroad, subject to the approval of the Commission. (11) PAYMENT PROVISIONS: Upon receipt of the Railroad's final statement of c�sts and after a review of the statement in relation to the work performed, the Commission will reimburse the Railroad with State and Federal funds pursuant to 23 USC §130, in the amounts described in subsection (3)(B) of this Supplemental Agreement. The Commission agrees to pay the Railroad the undisputed amount of the Railroad's charges for this work within sixty (60) days after it receives the Railroad's progressive bills, and within one hundred twenty (120) days after it receives the Railroad's final bill, which Railroad shall conspicuously mark as "FINAL". Reimbursement is subject to final audit by the Commission and/or FHWA. If audit reveals that the Railroad has been overpaid, the Railroad will immediately refund to the Commission such overpayment. If audit reveals that the Railroad has been underpaid, the Commission will reimburse the Railroad for such underpayment. (12) INDEMNIFICATION: (A) To the extent allowed or imposed by law, the Agency shall defend, indemnify and hold harmless the Commission, including its members and department employees, from any claim or liability whether based on a claim for damages to real or personal property or to a person for any matter relating to or arising out of the wrongful or negligent performance, by the Agency, of their respective obligations under this Agreement. (B) The Agency shall require any contractor procured by it to work under this Agreement: 1. To obtain a no cost permit from the Commission's district engineer prior to working on the Commission's right-of-way, which shall be signed by an 6 authorized contractor representative (a permit from the Commission's district engineer will not be required for work outside of the Commission's right-of-way); and 2. To carry commercial general liability insurance and commercial automobile liability insurance from a company authorized to issue insurance in Missouri, and to name the Commission, and the Missouri Department of �' Transportation and its employees, as additional named insureds in amounts sufficient to I cover the sovereign immunity limits for Missouri public entities ($500,000 per claimant and $3,000,000 per occurrence) as calculated by the Missouri Department of Insurance, Financial Institutions and Professional Registration, and published annually in the Missouri Register pursuant to section 537.610, RSMo. I (C) In no event shall the language of this Agreement constitute or be construed as a waiver or limitation of either the Commission's or the Agency's rights or defenses with regard to sovereign, governmental, or official immunities and protections as provided by federal and state constitution or law. (13) EMPLOYMENT OF UNAUTHORIZED ALIENS PROHIBITED: � (A} Compliance with Executive Order 07-13: By signing this Agreement, the Railroad certifies that any employee of the Railroad assigned to perForm services under this Agreement is eligible to work in the United States. If the ! Commission has reasonable cause to believe that the Railroad has knowingly employed � any individual who is not eligible to work in the United States in violation of federal law, I then the Commission may impose any contract sanctions that are described in I Executive Order 07-13, issued by the Honorable Matt Blunt, Governor of Missouri, on I March 6, 2007. That Executive Order declared that the State of Missouri will not tolerate persons who contract with the State engaging in or supporting illegal activities by employing individuals who are not eligible to work in the United States. (B) Requirements Generallv Applicable to Business Entity Receiving State Contract in Excess of $5,000.00, and its Contractors and Subcontractors: Except as otherwise provided in subsection (E) of this section, the provisions in subsections (B) , to (F) of this section shall be applicable to the Railroad, and to its contractors and k subcontractors in connection with this Agreement, but only If the total amount payable by the Commission to the Railroad in connection with this Agreement will exceed Five Thousand Dollars ($5,000.00). (C) Affidavit Requirements: As a condition for the award of this Agreement, the Railroad, and each of its contractors and subcontractors in connection with this Agreement, shall annually sign an affidavit afFirming that it does not knowingly employ any person who is an unauthorized alien in connection with the contracted 7 t , services, and affirming that it is enrolled and participating in a federal work authorization program with respect to the employees working in connection with the contracted services. The Railroad shall require its contractors and subcontractors to sign similar affidavits with reference to any work performed in connection with this Agreement. Each affidavit shall be completed in accordance with the form attached to this Agreement as Exhibit B, which is incorporated by reference in this Agreement. (D) Enrollment and Participation in Federal Work Authorization Proqram: Except as otherwise provided in subsection (E) of this section, the Railroad, and each of its contractors and subcontractors in connection with this Agreement, shall enroll and participate in a federal work authorization program with respect to its employees working in connection with the contracted services, and shall verify the employment eligibility of each employee in the employer's hire whose employment commences after the employer enrolis in a federal work authorization program. (E) Temporarv Suspension of Certain Requirements Durinq or After Emerqencv: During or immediately after an emergency, the requirements in subsection (D) of this section shall be suspended for fifteen (15) working days. As used in this subsection, "emergency" includes the following natural and manmade disasters: major snow and ice storms, floods, tornadoes, severe weather, earthquakes, hazardous material incidents, nuclear power plant accidents, other radiological hazards, and major mechanical failures of a public utility facility. After the expiration of each fifteen-day period described in this section, the Railroad, and its contractors and subcontractors, shall verify the employment eligibility of any person hired during that period, in conformity with the federal work authorization program, before continuing to employ that person in connection with the contracted services pursuant to this Agreement. (F) Incorporation of Pr�visions in Subcontracts; Recordkeepinq; Enforcement: The Railroad shall include all the provisions in this section in every contract and subcontract relating to this Agreement. The Railroad, and its contractors and subcontractors shall retain a copy of the dated verification report received from the federal government for each employee whose employment eligibility is verified pursuant to this section, and upon request, shall provide documentation of compliance with this section to the Commission. The Railroad shall take such action with respect to any subcontract as the Commission may direct as a means of enforcing such provisions, including sanctions for noncompliance. (14) WAIVER OF HEARING ON ISSUANCE OF ADMINISTRATIVE ORDERS: This Agreement is made subject to approval of the proposed project by a final administrative order issued by the Missouri Highways and Transportation Commission, or by the Missouri Administrative Hearing Commission (hereinafter "AHC"), in accordance with section 389.610, RSMo Supp. 2004. With reference to the issuance of that administrative order, the Railroad, the Agency and the Commission stipulate that the construction of the project as described in this Agreement will promote public safety, 8 and will not adversely affect public necessity. The Railroad and the Agency each consent that the Commission or the AHC, or both, may issue administrative orders approving and authorizing the construction of this project in conformity with the provisions of this Agreement, and the Railroad and the Agency each waives its right to notice and an opportunity for hearing before the issuance of these administrative orders. � � (15) NONDISCRIMINATION ASSURANCE. If this Agreement is funded in j whole or in part with any Federal funds administered by the United States Department � of Transportation, then the provisions in this section shall apply: ; (A) General Requirements: Termination of Agreement for Failure to Comply: Railroad, including any subrecipient, contractor or subcontractor of Railroad, shall not discriminate on the basis of race, color, national origin, or sex in the perFormance of this Agreement. Railroad's failure to carry out the requirements in this section is a material breach of this Agreement, because of which the Commission may I terminate this Agreement and pursue any other lawful remedy. I (B) Specific Requirements: With regard to work under this Agreement, ; Railroad agrees as follows: i i 1. Civil Riqhts Statutes: Railroad shall comply with all state ! and federal statutes relating to nondiscrimination, including but not limited to Title VI and Title VII of the Civil Rights Act of 1964, as amended (42 USC 2000d and 2000e, et seq.), as well as any applicable titles of the Americans with Disabilities Act. In addition, if Railroad is providing services or operating programs on behalf of the Commission, then Railroad shall comply with all applicable provisions of Title I I of the Americans with Disabilities Act. 2. Administrative Rules: Railroad shall comply with the administrative rules of the United States Department of Transportation relative to nondiscrimination in federally-assisted programs of the United States Department of Transportation within 49 CFR Subtitle A, Part 21, which are incorporated by reference in this Agreement. 3. Nondiscrimination Railroad shall not discriminate on grounds of the race, color, religion, creed, sex, disability, national origin, age or ancestry of any individual in the selection and retention of subcontractors, including procurement of materials and leases of equipment. Railroad shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR 21.5, including employment practices. 9 l .. 4. Solicitations for Subcontracts, Including Procurements of Material and Equipment: These assurances concerning nondiscrimination also apply to subcontractors and suppliers of Railroad. These apply to all solicitations either by competitive bidding or negotiation made by Railroad for work to be performed under a subcontract including procurement of materials or equipment. Each potential subcontractor or supplier shall be notified by Railroad of the requirements of this Agreement relative to nondiscrimination on grounds of the race, color, religion, creed, sex, disability or national origin, age or ancestry of any individual. 5. Information and Reports: Railroad shall provide all information and reports required by this Agreement, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Commission or the United States Department of Transportation to be necessary to ascertain compliance with other contracts, orders and instructions. Where any information required of Railroad is in the exclusive possession of another who fails or refuses to furnish this information, Railroad shall so certify to the Commission or the United States Department of Transportation as appropriate and shall set forth what efforts it has made to obtain the information. 6. Sanctions for Noncompliance: In the event Railroad fails to comply with the nondiscrimination provisions of this Agreement, the Commission shall impose such contract sanctions as it or the United States Department of Transportation may determine to be appropriate, including but not limited to: A. Withholding of payments under this Agreement until Railroad complies; and/or B. Cancellation, termination or suspension of this Agreement, in whole or in part, or both. 7. Incorporation of Provisions: Railroad shall include all the provisions in this section in every subcontract relating to this Agreement, including procurements of materials and leases of equipment, unless exempted by the statutes, executive order, administrative rules or instructions issued by the Commission or the United States Department of Transportation. Railroad will take such action with respect to any subcontract or procurement as the Commission or the United States Department of Transportation may direct to enforce such provisions, including sanctions for noncompliance; provided that in the event Railroad becomes involved or is threatened with litigation with a subcontractor or supplier as a result of such direction, then Railroad may request the United States to enter into such litigation to protect the interests of the United States. 10 (16) PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES: If the Railroad is either a"recipienY' or "contractor" within the meaning of 49 CFR section 26.5, then the provisions in this section shall apply to that party. As used in this section, the term "DBE" means "disadvantaged business enterprise" as defined in 49 CFR Part 26; and the term "USDOT" means the United States Department of Transportation. (A) Nondiscrimination in Award and PerFormance of DOT-Assisted Contract Administration and incor oration of DBE Pro ram� Sanctions: The recipient � shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted contracts. The recipienYs DBE program, as required by 49 CFR part 26 and as approved by USDOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose i sanctions as provided for under 49 CFR part 26 and may, in appropriate cases, refer ' the matter for enforcement under 18 USC 1001 and/or the Program Fraud Civil ' Remedies Act of 1986 (31 USC 3801, et seq.). � (B) Prescribed Contract Provisions: Each contract the recipient signs � with a contractor (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: I The contractor, subrecipient or subcontractor shall not discriminate on the I basis of race, color, national origin, or sex in the perFormance of this � contract. The contractor shall carry out applicable requirements of 49 ; CFR part 26 in the award and administration of USDOT-assisted contracts. Failure by the contractor to carry out these requirements is a ' material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. (17) AMENDMENTS: Any change in this Agreement, whether by modification or supplementation, must be accomplished by a formal contract amendment signed and approved by the duly authorized representative of each of the affected parties. t (18) ASSIGNMENT: The Railroad and the Agency shall not assign, transfer, or delegate any interest in this Agreement without the prior written consent of the Commission. (19) LAW OF MISSOURI TO GOVERN: This Agreement shall be construed according to the laws of the State of Missouri. The Railroad and the Agency shall 11 :� � comply with all local, state and federal laws and regulations relating to the performance of this Agreement. (20) VENUE: Any action at law, suit in equity, or other judicial proceeding to enforce or construe this Agreement, or regarding its alleged breach, shall be instituted only in the Circuit Court of Cole County, Missouri. (21) CANCELLATION: The Commission may cancel this Agreement at any time for a material breach of contractual obligations by providing the Railroad and the Agency with written notice of cancellation. If the Commission exercises its right to cancel the Agreement for such reasons, cancellation will become effective upon the date specified in the notice of cancellation sent to the Railroad and the Agency. (22) AUDIT OF RECORDS: The Railroad shall maintain all records relating to this Agreement, including but not limited to invoices, payrolls, etc. These records must be available at all reasonable times at no charge to the Commission and/or its designees or representatives during the period of this Agreement and any extension thereof, and for three (3) years from the date of final payment made under this Agreement. (23) RAILROAD NOTIFICATION: At least five (5) days prior to the commencement of any work described in subsection (2)(A), subsection (2)(B), or section (5) of this Supplemental Agreement, the Railroad shall notify the Commission of the date it plans to commence the work. If the Commission does not receive this notification from the Railroad, the Commission will withhold an amount equivalent to five percent (5%) of the final payment otherwise due to the Railroad. The Commission shall not pay this five percent (5%) amount withheld from the payment to the Railroad until after a final audit has been performed by the Commission. (24) AUTHORITY TO EXECUTE: The signers of this Agreement represent that they are acting officially and properly on behalf of their respective institutions and have been duly authorized, directed and empowered to execute this Agreement. A copy of the Ordinance authorizing the execution of this Supplemental Agreement on behalf of the Agency is attached to this Agreement as Exhibit 4, and is incorporated by reference in this Agreement. (Remainder of page intentionally left blank) 12 (25) ORIGINAL AGREEMENT: Except as otherwise modified, amended, or supplemented by this Supplemental Agreement, the Master Agreement, and all previous Supplemental Agreements between the parties relating to the same subject matter, shall remain in full force and efFect. IN WITNESS WHEREOF, the parties have entered into this Agreement on the last date written below. Executed by Railroad this .34�'� day of �ov�,� , 20�. �� Executed by Agency this ' - day of Tccn�c «r �o , 20�. Executed by Commission this /O ��' day of � , 20 ��. MISSOURI HIGHWAYS AND BNSF RAILWAY COMPA Y TRANSPORTATION COMMISSION By �' '� ��.,... � l/� By � Brian C. Weiler Cheryl T nlian Director of Multimodal Operations Manager, Public Projects ATTEST: CITY O RIVERSIDE , M SOURI By Commission Secretary Name: �/,r�tl�eYt (_� �nst. -c APPROVED AS TO FORM: Title: �l�.�1t3-1� T Senior Administrative Counsel ATTEST B ` _ ����.C'-(�. Name: � ; ,,, �-..� � ,P_E �� Title: ��t�., ( ,�Et�� Ordinance No. ��.5�� 13 �. i. EXHIBIT 2-A PLACEHOLDERFOR DETAILED COST ESTIMATE FOR LED SIGNALS INSTALLATION TO BE PREPARED BY RAILROAD ` F w REVISED ESTIMATE JUSTIFICATION DATE 9/16l2010 INSTALLIUPGRADE TO LED LIGHTS AT MATTOX DESCRIPTION STREET IN CLARKE, MO ORIGINAL ESTIMATE PRICE 11,910 ON 06/22/2009 REVISED ESTIMATE PRICE 16,293 ON 09/15/20.10 DIFFERENCE �,:3�3 OETAILS UPDATED MATERIAL PRICE 0 Contract Engineering 2,000 MISSED MATERIAL 1,740 LED LIGHT GATE KITS 794 LIGHT OUT DETECTOR 946 ADDITIVE DIFFERENCE 643 DETAILS TOTAL 4,383 � r � CEPS PLAN ITEM DOCUMENT (FOR IN'fEl?�'AI_ fiV'SF R,A11.1�Vr1Y CSF: O.NI..Y) .'-.-"-------------------------------------------...... _------------------------------...__'----------'-----'-°--'-------------------------. _ _.--------------------..._--._..__.._ LOCAT[ON : EAST WALDRON LINE SECAIENT �. I6 APE NI:MBER �. PLANITEMNUM66R: PSI0793838 MILGPOST: 7.0708.0 RFANUMBER: PROPRRTY OF : RNSF RAIL�4'AY COMPANY DNfS10N : NE CPAR NUMBER : OYERATEDBY: BNSFRAIL44'AYCOMP.4NY SUBDNISION: STJOSEPH BUDCHTYBAR: 201U 10INT FACIllTY �. STATH OF MISSDURI ENCR. DIVISION : KANSAS FAST BUUCE"f CLASS : 10 7� R[I.I.ABI.E (+/-) �. 80.0 1'AX STATE : MO, CO�. PLA7TF. REPORTING DFFICE : 454 REQUESTORID: B425 MATI.DATL•: SPONSOR: VPENCINEERING PROJECTTYPE: SGX LOCATIOKCO�E: 401018 DEPTCODH: MD�b'CH DOT NUMBER �. D79383B TRACK TYPG : 1 DERAILh1PNT C011B : STIMULUS FUND TYPE : S'TIMCLUS S7'ATUS : PURPOSE, JUSTIFICATION AND DCSCRIPT[ON SICNAL COST ESTIMATE TO IVSTALL\UPCRADF TO LF.D LIGHTS AT MATTOX ST. M CLARKH. M0. MP 7,51. US 16, NBBRASNA DN., ST JOE Sl1BDIV., DO'C K 0793838. h10NTHLY POWER UTILITY CO57' CENTER: 61716 THF h1ATF.RIAL LIST BELOW REPLECTS TYPICAL RLPRESENTIVE PACKACBS USED FOR F.STIMATING PURPOSE ONLY. ?HGY C.4N RE F.XPF.CTE� TO CHANCEAFTER THE LNCINEERING PROCESS. DCTAILED AND ACCURATE MATERIAL LISTS WILL BE FllRNISHED WHFN F.NGINEERIVG IS CO\1PLETED. CONTWl11NG CONTRACTS HAVE BEEN ESTABLISHE� FOR POR'flONS OF SIGN.AL WORK 0'J THE BNSF RAlI.ROAD. TIIIS CSTI1vIATE [S G00� FDR 90 �AYS. THER&1FTER THE HS'C1h7A'I'E IS SUBJECT TO CHANGC IN CDST FOR LABOR, MITERIAL, AN� OVERHE.AD. ..........: .................... SICNALINORK ONI.Y ..,..,.....,...,..«.......<.... �� CITY OF RIVERSIDB, M0. IS-FQNBR�L'769dOP`TtItSPRQjF,f.T. THE STATE OF M[SSOIIRI IS FUNDWC 6B°.i, OF THIS PROJGCT. HNSF IS FWDIVG 20%OF THIS PHOJECT. M.4INTAIV PROPRIETARY CONFIDENTIALI'fY. CASH CAPITAL NONCASH CAPITAL OPERATINC EXP REMOVAL COSTS 81LLABLL TOTALS LAROR COSTS 1,078 U 0 D 4,311 5,389 'dATERIAL COSTS 1,055 0 0 D 4,221 5,276 OTFIERCOSTS I,127 0 0 D 4,501 5,628 TOTALS 3.'Lti0 D 0 0 13,033 16.293 SYSTEM MAINTFkAVCF A�D PLANNINC � KANSAS C19Y PRIN'I'ED ON �. �9�1512010 @STIbIA'PE REK NUMBGR: P510793870 � I--2S GST[MAT£•D BY �. QL'INN COSTWC DATL �. 09/15;201f1 PRINTEU BY �. QL.9NN Page 1 of 3 ,. { = ACCT C S T RSN P PE DE SCRIPTI O V QT Y/ST O T CI M CASH N OPF.R REMOVAL B 4D0 9911 SICNALFIELDLABOR-CAP 64.00 0.0 MH 1,668 ' LABOR SUBTOTAL I,G68 D 0 0 ll20 3i3 400 9911 LEDLICHTAD]USTMEN7 12.00 EA N 3J20 1120 313 400 99ll LED LIGHT GATE H[T 2.00 GA R 79A 1120 313 4U0 99ll LIGHTOUTDETGCTOR LUO flA M1 946 ' MATERI�L SUB?OTAL 4,660 0 0 0 IIZ� 367 400 9911 CONTRACTENCR. 1.00 LS N 4,000 • OTHHR SUBTOI'AL 4,000 D 0 U • Af]I]ITIVES PAYROLL ASSOCIATF.� COSTS I,I4B rQU1PMENT EXPENSGS 5 � 9 �!1LABOR DVERHEAUS L7g2 I�SURANCFEXPENSES 262 USE TAX 356 OFFLINE TRANSPORTATfON 60 ' CANG SUBT07AL 5[GFIELD - S IGNAL F'IHLD LA80R, 5 MAN IA,665 0 U 0 PROJECTSUB'I'0'I'AL 14,665 0 0 0 CONTINGENCIES I,Afi6 0 0 0 BILL PREPARATIOY FF.E 162 0 0 D P20JECT GROSS COST I6,Z93 0 0 0 LE55 COST PAIU BY 07'HEHS 13,033 I 0 0 PROJECT NET COST 3,2fi0 0 0 � Page 2 of 3 . t � •`•" MAINTAM PROPRIF,TARY CONFIDENPIALITY •"" BNSF RAILWAY COMPANY FHPM ES"CIMA7'H F'OR STATF OF MISSOURI LOCATION FAST4V'ALDRON Ufl'fAfL50�ESTIMATE PLANITEM: P51079383B VERSION: I PURPOSE. JUSTIPICRTIDh AND DESCRIPTION SIGNAL COST ESTIMATE TO INSTALL\UPGRADH TO LED L[GHTS AT ;4fATTOX ST IN CLARKE, M0. MP %.51, LIS I6, NEdRASKA DN„ ST JOL SUdUIV., DOT X 079383B. MON7'HLY POIh'ER UTILITY COST CENTER: 61718 THE MATHRIAL LIST BEIAW REfLEC'PS "fYPICAL REPRESENTNB PACKAGES USED POR ESTIMATWG PURPOSE ONLY. THEY CAN 13E BXYLC'I'EU'I'0 CHANGE AF7ER THE ENGINEERNC PROCBSS. �FTAILF.D AND ACCURATE MATERIAL LISTS INILL BE FURNISHE� WHEN F�GINEHHING 6 COh1PLE'CHD. CONTINUINC CONTRACTS HAVE BEEN ESI'ABLISH[D FOR PORTIONS OP SICNAL WORK ON THF BNSF RAILROAD. THIS ESTIMATE IS COOD FOR 9D DAYS. THEREAFTER THE ESTIMATE IS SUBJECT TO CI IANCG W COST FOR LAROR, MATERIAL, AND OVERHEAD. ............................. . SICNAL R'ORK ONLY ......,........,............... CITY OP RIVERSIDE, M110. IS FUNDINC 2D%DF THIS PRO]EC7. THE STATE OF Mf5S0URI IS FUYU[NG ti0°� OF THIS PROJECT. BNSF IS FUNDING 2D% OF Tf�f15 PROJGCT. MA W TA [N PROPRIETARY CDNFI�ENTIALITY. DESCRIPTION Q UA N TI T Y U!M COST TOTAL S LABOR SIG�'AL FIGLD LABOR � CAP G4.0 MH ],666 PAYROLL ASSOCIA'I'rU COS'f5 I, I qg EQU[PMENTEXPENSES 51g DA LABOR OVGRIICADS �,7g1 INSURANCHEXPENSES 262 TOTAL LA80R COST 5,389 5,189 MAl'ERIAL LEDLICHTADJL'S'PM17YNT 12.0 BA N 3,120 I.F.D LIGHT GATE K1T 2.0 EA N 794 LIGFIT OU? DCTGCTOR 1.0 EA N 946 USH'1'AX 356 OFFLINETRANSPORTATIOV fi0 TOTAL MATfiRIAL COST 5,278 5,276 OTHFR CONTRACT HNGR, 1.0 LS N 4,000 TOTAL OTHHR ITEMS COST 4,000 4,D00 PROJECT SlJ6TOTAL 14,665 CON'CINGHNCIES I,A66 RILL PREPARATION FF.E Ifi2 GROSS PROIECT COST 16,293 LFSS COST PAI� RY BNSF 3,260 1'D'PAL BILLABLE COS'f 17,033 Page 3 0( 3 , � EXHIBIT 2-B PLACEHOLDERFOR DETAILED COST ESTIMATE FOR CONCRETE CROSSING SURFACES INSTALLATION TO BE PREPARED BY RAILROAD • AUTHORITY FDR EXPENDITURE Q'OR IN7'F}2NAl, HNSF RAII.WAY I.LSE O.AL.l� `- - -------------------------------°-'°'------.....-----°-'-°-----°-'-----------------------------------------.... LOCA'I'ION: CLARKBTOMATTOXRD LINF.SFGMENT: 16 AFENUMBER: PLANITEM NUM11BER : VARIOUS MILEPOST: 7.51 RFA NUMBER : 5965510 PROP@RTY OF : 6NSF RAILIM1�AY COMPANY DIVISION : NE CPAR NIIMBF.R : C69fi0I10 OPERA'PED 8Y : BNSF RAILWAY C041PANY SUBDIVISIOti : ST JOSEPH BU�GET YEAR : 2010 JOINT FACILITY ; CITY OF RNERSIDE MO TRACK TYPC : S BUDCE7 CLASS �. 6 %�ILLA6LE(+I-): ]00.0 TAXSTATE: MO REPOR7lNGOFFICF.�. 109 SPONSOR: VPENGINEER[NC CENTEWROLLUP: T6964 PUHYOSE. JUSTIFICATIDN AND �ESCRIPTION PUBLIC xWG � KSE DIV - ST JOSEPH SUB - LS 16 - MP 7.51 - ROM MENDOZA - DOT U79363B � MAIN 1 AND 2-RENEW 2 TRACK GRADE XWG WITH 4DFT CONCRETE - 100% BILLABLE TO CITY OF RNF.RSIDF., MO PL ITF,M LME SEC BEC MP E ND MP TRK NBR BEGIN STATION EN STATION PROJECT TYPF BUD YHAR PTR0793836-1 I6 Z51 7.51 S CLARKC MATTOX RD PUBLIC IMPROVEMENT PROJ�CT 2DI0 PTR0791R3B-2 I6 7.51 7.51 S CLARKE MATTOX RD PLiQLIC IMPROVF.MF.NT PROJECT 2010 CASH CAPITAL NONCASH CAPITAL OPERATING EXP RF.MOVAL COSTS BILLABLE "fOTALS LA�OR COSTS 0 0 0 0 49,840 49,840 MATERIALCOSTS 0 0 0 D 58,012 SB,D72 OTHER COSTS 0 0 0 0 17,347 17,347 TOT.41S 0 0 0 0 125.199 125,199 SYSTEM MAINTENANCE AND PLANNING � KANSAS CITY PRINTF.D ON� 07/15/2010 ESTIMATE REF. NUMBER�, 59fi5510 ESTI�7ATED BY HAMBY CDSTINC UAT@: 07115/Z010 PRINTED BY: FIAMBY Page 1 of 11 , .` �• BNSF ENGINEHRING SUMMARY REPORT (POId 1NTEktNAI.. RNSP RAII..bVAY USF':O�L,l� ---....-'-------------------------------------------------- .............-----°-°° _.... -------------------------- — ---------------------.......--------....--`------------ ------ LOCATION: CLARKCTOMATTOXR� LIVESEGMEN7': I6 AFENllMBER: PLANITEM NUR18ER: VARIOUS MILEPOST: 7.51 RPA NUMBER�. 5965510 PROPF.RTYOF: BNSFRA[UNAYCOMPANY DIVISION: NE CPARNUMBER: C69601I0 OPEItATED 8Y � IINS� RAILWAY COMPANY SUBDIVISIUN : ST JOSEP}I BUDCET YEAR : 2010 101NT FACILI7'Y : CITY OF RIVERSIDE MO TRACK TYPE : S BUDGET CLASS : 6 %BILLABLE (+l-) : 100.� TpX STATF ; MO REPORTMG OFI'ICH: 109 SPONSOR; VPCUCINEERING CEM1TERlROLWP: T6984 LA80R TOTALS FOR RFA CAN TYP TASK NAME STRAIGHT HOURS OVER'1'IME HOURS WCLDWG GA�Q 2 R1AN PLACE FIELD WCLDS - CAP ] fi0.0 0.0 SECTION GANG (6 MAN) REPLACE PUBLIC CRUSSING - TOTAL RCFIAB Ifi0.0 0.0 SECTION GANG (fi A1ANJ UNLOAD BALLAS7 - REPLACHMENT - CAP 12.0 0.0 SECTION CANG (6 MANJ U:VLOAD CROSSWC MATERIAL - PUBLIC � GiP 40.0 0.0 SIGNAL MAINTAINF.R (1 MAN) SICNAL F7HLU LABOR � CAP 26,0 0.0 SURFApNC CANG (3 MAM Sl/RFACE TRACK - REPLACEMENT - CAP 48.0 0.0 WORKTRAIN CREW (3 A4AN) WORK TRAIN - BALLAST - REPLACEMENT - CAP 48,0 2A.0 MATERIAL TOTALS FOR R�A NOTH: MATL WI"fH VAN CODE " MUST BE FIBLD ORDERE➢ MATHRIALTYPE QTY UOM VARCODE CASH BALLAST.YELLOW MEDICINE (TCS,NL) 200.0 NT '• 51532.0 CONC 13G OS-SEC WITH FRLER FOR I0� WOOD TIES 80,D PT f 165J6.0 CONCRFTE XWG RAMP AND PANEL RESTRAfNT, COMPLFTE 2.0 ST S 514.D RAfL, TRANSN,BF.,40 FT,13G - I!4 WORN 132 8.0 EA f 8512.0 TRACK PANEL, 136 STANUANll RAIL.4D FT- ID FTTIES- 4.0 EA �� g 7ggq0.0 WELDKIT. GENBRIC fOR AI.I. RAfL b4'EICHTS 20A KT 5 1390.0 OTHER TOTALS FOR RFA CANG TYPE OTHER DESC QTY UDM M/O �ASE WST SIGNALMAIVTAWER(IMAM SIGNALMATERIAL 9.A pqY M 8596 SECTION GANG (6 MAN) TRAFFIC CONTROL LO LS 0 $ 5000 Page 2 of 11 .' CEPS PLAN ITEM DOCUMENT (FOIt IY7'EJ2NAI, RtiSF RAII.bVAY L'SE: Cl\I.l'� . .- -° °- -..... ..°---°---......-� --- -- --- -- - - - - - -- - - - -- - ------- -- - °-........--- - --- ....._... - -- - -- --- LOCAT[ON : CLARKF. To MATTOX RD LINE SEGM�NT: I6 AFE NUMBER : PLANITEMNULiRF.R: PTR079383&1 MILrPOS'f: 7.51 RFANUMBER: 5965510 PROPERTYOF: BNSPRAILWAYCOMPANY DIVISION: NE CPARNUM�ER: CB9G0110 OPENATEDBY: BNSFRAILWAYCOMFANY SUBDIVISION: STJOSEPH Bl11JCETYEAR� 2010 JOINT FACfL1TY � CITY OF RNERSI�H MO ENGR. DIVISIDN : KA�SAS EAST BUDCET CLASS : 6 % BILLABLE (./-) : IOO.D TAX S'1'ATE : MD, CO�. PLATTE RF.PORTINC OFFICE �. 109 REQUESTOR ID : B425 MATL DATE : SPONSOR � VP FNCINEERING PROJECTTYPE�. PIP LOCATIONCODE: 401018 DHP7'CODE: MOWGH �OT NUMBF.R �. 079383R TRACK TYPH : S DFRAII.MENT CODE �. S'PI4IULUS FUND TYPE : STIMULUS STATUS : _.________._...._____________________._____.__.'__""""'___'__.___..._."__""...."__..._.._._......_..______. _�______.........._._____._...__.__..._._.._..."""'.____..'__"...........__ PURPDSE, JUS"fIFICATIDN AND DESCRIPTION PUBLIC X WG � NEE DN - ST JDSEPH SUB - LS I6 - MP 7.51 - R➢M MENDOZA - DOT 0793638 - MAIN 1 DESCRIPTION OF PROJECT AS PROVIDBD 8Y PROJECT ENGMEER RHNEW' 7'RACK CRADE X1NG WITH 40' CONCRETE BILLING FOR THIS PROIECT SHOULD BH UIRECTED T0: 100% BILLAHLE TO CITY OF RIVERSIDE, MO- PROJECT ENCR MARK AN�HRSON MAINTAIN PROPRIETARY CONFIDENTIAI.ITY THE PHYSICAL LIMITS OP TII[S PROJECT ARF. DFSCRIBED BY LfNE SECMENT, MILE POST RANGES, AND I� SOME CASES TRACK NUMBER.'I'HIS IS THE PR[MARY ARCA FOR THE PROJFCT. TH6RE WILL BE CASES WHERE WURK MAY OCCUR BEYON� THE DEPW ED LfMITS. FROJECfS "fHAT INCLUDE S[GNAL, HLCCTRICAL, OR 7'ELF.COMM1ILINICATION EQUfPMENT MAY REQUIRH AC'1'IVITY BEYOND THESE DEF'INEU 7RACK LIMITS. ALL OR PORTIONS OF SOME PROJFCTS S7AY OCCUR IN flREAS WHERB KO MILEPOST SIGNS EXIST SUCH AS YAR�S, THIS ES'1 IMATE IS GDOD FOR 90 DAYS. T118RHAFTER THF. F.STIMATE IS Sl18JECT TO CHAVGE IN COST FOR LABOR, MATERIAL. AND OVERHEAD. CASH CAPITAL NONCASH CAPI'IAI. OPERATINC EXP REMOVALCOSTS SILLABLE T01'ALS LABOR COSTS 0 0 U 0 24.920 24,920 M1IATERIALCOSTS 0 U D 0 29.�06 29,006 OTIIGR COSTS 0 0 D 0 11A51 I1,451 TOTALS 0 0 0 0 65.377 65,377 SYSTEM �IAWTENANCG AND PLANNW G- KAN545 CITY PRINTF.D ON �. �7/15/7.010 ESTIMATE REF. NUMBER: PTR0793836�1 -]-59-2L ESTIMATED BY �. HAMBY COSTING DATE : 07II5l2010 PRINTED BY �, HAMBY Page 3 of 11 s . i ACCT CST RSN P DES QTY/ST OT U/M CASH NONCASH OPER REMOVAL 8 434 RFPI.ACE PUBLiC CROSSINC - TD7'AL REHAB 80,00 0.0 MH 1,452 256 8 292 UNLOAD BALLAST-REPLACEMENT-CAP 6AU 0.0 MH 129 B 430 UNLOA� CROSSING MATERIAL - Pl18LIC - CAP 20.00 0.0 MH 4 ' LABOR SIiBTOTAL 2,008 0 0 256 1120 3�0 151 TRACH PANHL. 136 STANUARD RAIL, 40 FT- 10 2D0 EA ^ 9,9Z0 1120 306 20] RAfI., TRANSN,BE,40 F7,] 36 - 1/4 WOHN 132 4,00 EA 4,256 I 120 319 4JU CONC 136 0&S8C Vu7TH FILI.F,R FOR ID' WOOD 40.OU FT 8,288 1120 319 430 CONCRE7'E XW C RA61P AND PANEL 1.00 ST 2 ' MATBRIAL SUBTOTAL 22,721 0 0 0 I120 399 430 TRAh'F'IC CONTROL L00 LS 5.000 • OTHER SURTOTAL 5,000 0 0 0 ' ADDRNES PAYROLL ASSOCIATED COSTS 1,382 176 EQUIPME��T EXPENSHS 1,162 I48 DA I.AROR OVHRHEADS y,I56 2�5 INSURANCBHXP[NSBS 315 qp MATERIAL HANDLWC �,�3q USfiTAX 1.356 OI�T'LWC TRANSPORTATION ygq ' CANG SUBTOT SEC GANG-6M � SECTION GAVG (6 MAN) 37,520 0 0 695 8 292 WORK TRAIN - BALLAST - REPLACEMPN7' � 24.D0 12.0 MH 2.016 'LABORSOBTOTAL 2,016 0 0 0 ' ADDITIVES PAYROLL ASSOCIATED COSTS 1,386 CQl11PMENT EXPENSES �,�s7 DA LA80R OVERHEADS 2,Ifi6 INSURANCE EXPENSES 3 • GAN SU WTCREW�3M - WORHTRAM CRF,W (3 MAN) 7 0 0 0 B 400 9911 SICNAL FIEL� LABOR - CAP 13.00 0.0 MH 343 'LABONSUBTOTAL 343 0 0 0 ]120 313 400 991I SIGNALMATERIAL 1.70 ppy 298 ' MATHRIAL SUBTD"fAL 298 0 0 0 ' ADDITNES PAYROI.L ASSOCIATE� COSTS 236 EQUfPMENT EXPENSGS �9g DA LABOR OVBRHEADS 368 WSURANCEEXPENSES 53 MATERIAL HANDLI\�G �q USE TAX �7 OFFI, W F TRANSPORTAT[ON 3 ' CANG SUBTO'fAL SIG MTNER�iM � SIGNAL MAINTAINF.R p MAN) ],530 0 0 0 8 2A1 PLACE FIELD WELDS - CAP 80.00 O.D MII 1,919 ' LA90R SUBTDTAL 1,919 0 0 0 1120 308 201 WELDKIT, CENERIC FOR ALL RAIL WEICH'PS ]0.00 KT 695 `MATERIALSLIBTOTAL 695 � 0 0 ' A��ITNES PAYROLL ASSOCIATED COS"f5 1,321 EQUIPMF.NT EXPENSES �,� ] � DA LABOR OVHRHEADS 2,U62 INSURANCEEXPENSES ]02 MATBR[AL I IANDL W G 3q USE TAX A I OFFLfNF.TRANSPORi'ATION g ' CANC SUBT H QWH L U C AN G 2M - W ELDING G ANQ 2 S1A� 7,A93 0 0 0 8 294 SURFACETRACK�AEPLACE.4fENT-CAP 24.00 0.0 MH 582 'LABORSUBTOTAL 582 0 � 0 1120 310 281 BALLAST. YHLLOW MEUICINE (TCS, 100.00 NT '• 766 ' MATERIAL SUBTDTAL 7ti6 0 0 0 ' ADDITIVCS PAYROLL ASSOCIATF.� COSTS 400 Page 4 of 11 .� .. ACCT CST RSN PPE DESCRIPTION QTY/ST OT U,'M CASH NONCASH OPER REMOVAL EQUIPMCNTCXPGNSES g3! �A LAROR OVERHEADS 625 INSURANCLEXPF.NSFS g� MATHRfAL HANDLING �g ONLiNE TRANSPORTATION 1,550 USE TAX 45 • GANG SUBTOTAL SUC-3M - SURFACWG GANC (3 MAN) 4,474 0 0 0 PROJECTSUBTDTAL SSA31 0 0 895 CONTINGF.NCIES 5,803 0 0 0 BILL PREPARATION FF.F. 640 0 D 8 PROJECT GROSS WST 64.474 0 0 903 LESS COST PAI� BY OTHERS 64,474 0 0 903 PROJECT NGT COST D 0 0 D Page 5 of 11 ,. � S, "'•' MAMTN�PROPRIETARY '•'•` BNSF RAILWAY COMPANY FHPM ESTIMATfi FOR CITY OF RIVERSIDE MO LOCATION CLARKE TO MATTOX RD DCTAfLS OF F,STIMATE PLAN ITF.M � PI'R079383B-I VERSION �. 1 PURPOSE, JUSTIP[CATION AND DESCRIPTION PURLIC XINC - NEE DIV - Si JOSEPH SUB - LS I6 � MP 7.51 - RDM MENDOZA - DOT 0793A3B - MAIN I DGSCRIPTION OF PROJF.CTAS PROVIDED BY PROJECT HNGINEEN RENEW TRACK CRADE XMC WITH 40' CONCRETE BILLING FOR THIS PRDJECTSHOULD BB DIRftCTF� TO�. 1DQ% BILLABLE TO CITY OF RIV£• RSIDE, MO- PROJFCT ENCR MARK ANDERSON MNNTAIN PROPRIE"fARY CONFIDHN'fIALITY THE PHYSICAL LIMCPS OF THIS PROJBCI' ARE DESCRI6CD BY LINE SEGMENT, MILE POST RANCBS, AND IN SOMB CASES TRACK NUMBER. THIS IS THE PRIMARY ARHA F'OR THE PROJECT. TIILRE WILL BF. CASES WHERE WORK MAY OCCUR BPYOND THE DEFIM1BD LIMITS. PROJECTS THAT INCLU�E SICNAL, ELECTRICAL, OR TCLBC00.4MllNICATION EQUIPMENT MAY AEQUIRE AC'I�IVITY BEYOND THESE DEFINED TRACK LIMITS. ALL DR FOR'fI0N5 OF SOMH PROJHCTS MAY OCCUR IN AREAS WHERE NO MILEPDST SIGVS EXIST SI1CH AS YARDS. THIS FSTIMATE IS COO� FOR 30 UAYS.7'HHNEAFTER THE 85TIMATC• IS SU6JECT TO CHANGE IN COST FOR LAdOR, MATERIAL AN➢ OVERHF.AD. DESCRIPI'IDN QUANTITY U/M COST TOTAL LA00R PLACCFIflLDWELDS-CAP B0,0 MH 1.919 KEPLACE PUBLIC CROSSING � TOTAL RCHAB 80,0 MH 1.706 SIGNALFIELDLABOR-CAP 13.0 MH 343 SURFACETRACK-REPLACFMF.N7�CAP 24,0 WH 582 UNLUADOALLAST�REPLACEMENT-CAP 6.0 MH ]29 UNLOADCROSSWCMATERIAL-PUBLIC�CAP 20.0 MH q27 W'ORK TRAIN - BALLAST - RF.PI,ACEMENT - C.�P 3fi.D MH 2.016 PAYROLL ASSOCIATED COSTS 4,903 EQUIPME�'T EXPENSES q,�y3 ❑A LAROR OVERHEADS 7,652 INSURANCH EXPCKSGS �,��g TOTAL LABOR COST 24,920 24,920 MATERIAL ..........a.. 6ALLAST, YLLLOW MEDICME (TCS, IiE) ]OD.D NT " 766 'fHACK PANEL, 136 STANDARU IL�IL, 40 FT- 10 I'T TIES- 2.0 EA •' g,g20 RA[L. TRANSN,BE,40 FT,I3fi - 1!4 WORN 132 4,0 GA 4,1,56 WGLDKIT, CENERIC FDR Ai..L RAIL WE[GH75 10.0 K'1' 695 CONC 136 08-SEC W[TH FILLER FOR 10' �L'000 TIGS 40.0 FT 8,288 COVCRBTE XING RAMP AN� PANPL RES'I'RA1NT, 1.0 ST 257 SIGNAI. MATF.RI.4L 1.7 DAY 298 MATERIAL HANDLMG 1,220 O� LI.VE TRANSPOR7'ATIO� 1,550 USE TAX � pg� OFFLNE TRANSPORTATION 295 TOTAL A7A'I'ERIAL COST 29,006 29,006 OTHER TRAFFIC CONTROL 1.0 LS 5,000 TOTAL OTHCR ITEMS COST 5,000 s.000 PROJECTSUBTOTAL 59,926 CONTING�NCIES 5.603 13ILL FREPARA"f1�N FEf: 648 CROSSPROJFCT COST 65,3Y7 LESS COST PAID BY BNSF 0 Page 6 of 11 , �. �� TOTAL RII.I.ARLF COST 65.377 Page 7 of 11 ,� ,� CEPS PLAN ITEM DOCUMENT (FOR I:VI'F.kNAI_ RNSC� RAIL.\�'AY GSF.OVLI� -"---°----------------------------------------°----------°--..... ---------------'°'--'- -"--------------------------------- LOCATION : CLARNE To AIATTOX RD LINE SEGMENT �. ]6 AFE NUMBER : PLANITEM Nl1MAER : PTR079363&2 MILF.POST �. 7.51 RFA NUMBER : 59fi5510 PROPERTYOP: BNSFRAl1.WAYCOMPANY DNISION�, NE CPARNUMBF.R: CB960I10 OPERATED BY : ONSF RAILWAY COMPANY SUBDNtS1UN ; STJOSEPII BUUGET YEAR : 2010 JOINT FAC[LITY � CITY OF RIVERS[�E MO F.NCR. DNISIDN : KANSAS EAST BUDGET CLASS : 6 %BILLA6LE (+/-J : 100.0 TAX STATE : M0, CO: PLATTE REPORTING OFFICE �. 709 REQUESTORI�: B425 MA7'LDATE: SPONSOR: VPENGINHHRINC PROJECTTYPE: PIP LOCATIOVCODE: 40101B DEPTCODE: MOWGH DOTNUMBER: 0T9383B TRACKTYPE: S DF.RAILMENTCODE�. STIMU LUS FUND TYPC : 51'IMULUS STATUS : Pl1RPOSE,IUSTIFICA'fIDN AND DESCRIPTION PIP - CROSSING � KSE DIV - ST JOSF.PH SUB - LS 16 - MP 7.5 ]- RDM MLND02A - DOT 079383B - MAIN 2 DESCRIPTION OF PROJECT AS FROVI�ED BY PROJECT ENGINEEH RENEW TRACK GRADE X1NG 1h7TH 40' CONCRF.TE BILLWC FOR THfS PROJECT SHOULD BE �INECTED T0: 100% 61LLAALF TO CfTY OF RIVERSIDE, MO- PRDJECT ENCR MARK ANDERSON MAIN'I�AIN VROPRIETARY CONPIDF.NTIALITY THE PHYSICAL LIMITS OF TI�IIS PROJFCT ARE DESCRIBED BY LINE SEGMLNT, MII.F POST RANGES, AND IN S[>ME CASGS TRACK NUMB@R. THIS IS 7'HE PRIMARY ARBA FOR THE PRDJECT. THEHE WILL BE CASES N'HERE VJORK MAY OCCUN 6EYOND THE DEFWE� I.IMITS. PR01ECT5 T'HA7' WCLU�E SIGNAL, EI.ECTRICAL, OR TELHCOMMUMCATfON F.QUIPMENT MAY REQUIRE ACTIVITY BEYOND THF.SE �EFWED TRACK LIM111T5, ALL OR PORTIONS OF SOME PROJEC'fS b7AY OCCUR M AREAS WHERE NO MfLEPOST 5[CNS EX15T SUCH AS YARDS. THIS ESTIMA'PE IS GOOD POR 90 �AYS. THEREAFTER THE ESTIMATE IS SUAJECTTO CHANGE IN COST FDR LA➢OR, MATFRfAL, AND OVERHEAD. CASHCAPITAL NONCASHCAPITAL OPERATWGEXP REMOVALCOSTS BILLABLE TOTALS LABOR COSTS 0 0 0 0 24,920 24.92� MATtRIAL COSTS 0 0 0 0 29,006 29,D06 OTHER COSTS D 0 0 0 5,896 5,696 TOTALS 0 0 0 0 59,822 59,822 SYSTEM MAINTENANCE ANll PLANNING - KANSAS CITY PNIN'PEU ON : 07/IS/2010 ESTIMATE REP. Nl1MBER : PTRD79383&2 - 1-59-ZL EST[MATC•D DY : HAMBY COSTIh'C DATE : 07l15/2010 PRIN7ED BY �. HAMBY Page 8 ot 11 ♦ '+ � . ACCT CST RSN PPE DHSCR[PTiON QTY/ST OT WM CASH NONCASH O RE 8 434 REPLACE PUBLIC CROSSINC - TOTAL REH�g 80.00 0.0 !AH 1952 25fi 8 292 UKLOAO BAl.LAST - RGPLACEh1F.NT - CAP 6.00 0.0 �iH 129 8 430 UNLOA� CROSSING MATERIAL - PUBLIC - CAP 20.00 0.0 MH 427 ' LABOR SUBTOTAL 2,008 0 0 256 1120 300 I51 TNACK PANHL. 176 STANUARU RAIL. 4� F'I�� 10 2.00 EA •* 9.920 1120 306 201 RA[L,TRANSN,BE,40FTJ36-1/4WORN132 4.00 EA 4,256 1120 319 430 CONC 13608-SLC WITH FILLF.R FOR 10' WOOD 40.00 FT 8,288 ] 120 319 430 CONCRETE XWC RAMP ANU PANEL 1.00 ST 257 ' MATERIAL SUBT07'AL ZZ,721 0 0 0 ' ADDITIVES PAYROLL ASSOCIATED COS7'S ],382 176 EQli1��dEN'T EXPENSES 1,162 148 DA LABOR OVF.RHEA�S 2,156 275 INSURANCE EXPENSES 315 40 MATERIAL HANDLING 1.134 USE TAX 1,358 OPFLING TRANSPORTATION 284 ' CA SUBTOTA S H C L'A N G6 M - SE CANC (6 MAN) 32,520 0 0 895 8 292 WORK TRAIN � BALLAST- REPLACEMENT - 24.00 12.0 MH 2,016 • LABOR SUB'fOT.4L 2,016 0 0 0 ' ADDITNCS PAYROLL ASSOCIATCD COSTS 1,388 EQL'IPMENT EXPENSES ],167 DA LABOR OVERHEA�S 2,IG6 MSURANCF.F.XPF.NSES 317 ' GANG SUB70TAL WTCREW- - WO CREW ( MAN) 7,054 0 0 0 8 400 991 I SICNAL FIELD LA60R - CAP 19.00 0.0 41H 3A3 ' LABOR SU6TOTAL 343 0 0 0 1120 713 400 9911 SIGVALMATERIAL 1.70 DAY 298 • MATERIAL SUBTOTAL 298 0 0 0 `ADDITIVES PAYROLL ASSOCIATEU COSTS 236 EQUIPMENT EXPENSES 198 DA I.AROR OVF.RHFA�S 3GR INSURANCE EXPENSES 53 MATHRIAL HANDLING ] 9 USF,TAX 17 OPFLfNETRANSPORTAT]ON 3 ' GANG S SIGMT�ER-1M - SICNAL MA[N7AINER (I 61AN) l,530 0 0 0 8 241 PI.ACE FIELD W ELDS - CAP 80.00 0.0 MH 1,919 ' LABOR SUBTOTAL 1,919 0 0 0 ll20 3D8 201 WELDKIT, GENERIC FOR ALL RAIL �L'EIGHTS IO.DO KT 695 ' MATERIALSUBTOTAL 69i 0 0 0 ' ADDITNES PAYROLL ASSOCIATE� COSTS 1,321 EQUIPMENT EXPENSES I, I 11 DA LABOR OVERHF.A�S 2.062 INSURAhCEEXPENSES 302 MATERIAL HANDUNG 34 USE TAX 41 OPPL W E TRANSPORTATIDN B ' GANC SLIBTOTAL HQWELDCANG2M - WEL�INC CANC, 2 MAN 7,497 0 0 0 8 Y94 SLIRFACETRACK-REPLACE�AENT-CAP 2A.D0 D.0 MH 582 ' LA80R SlJBTOT.AL 582 0 0 0 1120 310 261 BALLAST, YF.LI.OW MEDICINH (TCS, IOO.OD NT " 7 66 ' MATERIAL SUBTOTAL 766 0 0 0 ' A�DITIVES PAYROLL ASSOCIATED COSTS 400 EQUIPMEN7' EXPENSES 337 DA LABOR OVERHEAOS 625 WSURAM10EEXPENSES 91 MATF.RIAL HANDLWG 38 Page 9 of 11 .. I y� � � ACCT CST RSN PP E 17 QTYlST OT U/M CASH NONCASH OPE REMOVAL ONLINE TRANSYOR'fAT10N 1,550 USE TAX qs ' CANC SUB SUG-3M � SURFACWG GANG (3 MAN) 4,A37 0 0 0 PROJECTSUBTOTAL 53,031 D 0 895 CONTWGENCIES 5,303 0 0 0 BILL PRF.PARATION FEE 585 � 0 8 PROJECTGROSSCOST 58,919 D 0 903 LESS COS"f PAID BY OTHERS SR,919 0 0 9D3 PROJECT NET COST 0 0 0 p Page 10 of 11 � + ~ ' '^ " MA P C ONPIDENTIALIlY "'•' BNSF RAILWAY COMPANY FHPM LSTIMATE FOR CITY OF RNrRS[DE MO LOCATION CLARKETD MAT'fOX R� DCTAILS OF ESTIMATE PLAN ITEM : PTR079363R-2 VERSION :] PURPOSE, JUSTIF[CATION AN� DESCRIPTfON PIY � CROSSIVC - KSE DIV - ST IOSEPH SUB - LS I6 � MP 7.51 - RDM MENDOZA - �OT 0793838 - MA W 2 DESCRIPTIOi\� OF PROJECTAS PROVIDED BY PRO1£CT HNGI.�EER RENEW TRACK GRADE XING WITH 40' CONCRETE BILLINC FOR THIS PROJECTSHOULfJ BE DIRECTED T0: IDO% BILLARI.F TO CITY OF RIVHRSIDE, M110- PROJGCT C•NGR MARK ANDERSON MAIVTAIN PROPRIETARY CONFIDFNTfALITY THE PHYSICAL LIMI75 OF TI IIS PROJF:CT ARE �ESCRIBEU BY LINE SEG67ENT, MILF POST RANGES, AN� W SOME CASGS TRACK NUMBER. THIS IS 7'HE PRIM1IARY AREA FOR THE PROJECT. THERE W fLL BE CASGS WHF.RF WDRK M11AY OCCUR BEYOND THE �FFINED LIUiITS. PROJECTS THAT l�'CLUDC• SIGNAL, ELFCTRICAL, OR TELECOMMCNICATION GQUIPMENT MAY REQUIRE ACTIV[TY BFYOND THFSE DEFINED TRACK LIMI7'S. ALL OR PORTIONS OF SOME PROIECPS MAY OCCUR I.� ARF.AS WHERE KO M11ILHPOST SIGNS EXIST SUCIi AS YARDS. THIS F.STfMATB IS GOOD FOR 90 DAYS. THEREAFTHR THE ESTIMATE IS SLI6JLCT TO CH�WCE IV COST FOR LA60R, MATERIAI.,ANO OVERHEAD. DHSCRIPTION QUAKTITY U!M COST TOTAL 3 LABOR PLACG �IQLD 1NF.1..�5 - CAP 8U.0 MH 1,919 REPLACE PUBLIC CROSSING -TOTAL REHAB 90.0 MH 1,70R SIGNAL FIELD LABOR - CAP 13.0 A1H 343 SURFACGTRACK-REPLACEMENT-CAP 24.0 MH 562 UNLOAD BALLAST-RCPLACF.MENP-CAP 6.0 MH �yg ❑NLOAD CROSS[NC MATERIAL PUBLIC - CAP 20.0 MH qyy WORK TRAIN-BALLAST-REPLACEMENT�CAP 36.0 MH 2,p16 PAYROLL ASSOCIATF,D COSTS 4,903 EQUIPMEY'1'EXPENSES y�z3 DA LAHOR OVERHEADS 7,652 INSURANCC@XFENSF.S � �� TO'I'AL LA80R COST 24,920 24,920 MATERIAL BALLAST. YELLOW MEDICINE (TCS, NH) 100.D N'T ^ 76G TRACK PANEL. 196 STANDARD RAII., AO FT- 10 FT t'IES� 2.0 EA "' 9,920 RA[L, TRANSN,BE,40 FT,136 - 1/4 WORN 132 4.0 EA 4,256 WELDKIT, CGNHRIC FOR ALL RAIL WEICH'fS 10.� KT 695 CONC 136 OB�SEC WITH FILLGR fOR I�' W00� TIES 40.0 FT S,pgB CONCRETE XMG RAMP AND PANEL RESTRAI�T. I.0 ST 257 SIGNALMATHRIAL 1.7 DAY 298 MA7'ERI,4L HAVDLINC � ZZQ ONLME TRANSPOR7'A'fIDN 1.550 lJSC• TAX � 46� OFFLINETRANSPORTATION Zgs 9'O'1'AL MATERIAL COST 29,006 2900f, OTI ILR TOTALOTHERI"PEMS WST � 0 PROJPCT SUBTOTAL 53,926 CONT W CEhCIES 5,703 RILI, PREPARATION FEH 593 GRO55 PR0IECT COST Sg qZZ LESS COST PAID BY BNSF Q TOTAL BILLABLG COST Sg gpp Page 11 of 11 . . �� EXHIBIT � ANIVTIAL WORKGR LI,IG[R1L1TY VF,RIFICAT101Y ARFIDAVIT (for joint ventures, a separate affidavit is requircd for each business entity) STATE OP � i'SSo�.cr � ) COUNTY OF � �"°D Q —� ss On thc __��t� da of �� Zp � U, before me appeared —�� •-�Q�!+)f11 a n , pCrSOnall AfTiani name y known to me or proved to me on the basis of satisfactory evidence to be a person whose name is subscribed to this af'fidavit, who being by me duly sworn, stated as follows: • l, the Aitiant, am of sound mind, capable of making this aftidavit, and personally certify the facts herein stated, as required by Section 285.53Q RSMo, ti� enter in?o any contract agreement with the state to perform any job, task, employment, labor, personal services, or any other activity for which compensation is provided, expected, or due, including but not limited to all activities �,Qnduc ed by business entities. • 1, the Affiant, am the _ a7 ��D6� �o�� F� , � authorized, directed, and/or empowered to act officially and properly on behalf of this business enti�y and 1 am duly usmcss na �e • I, the Affiant, hereby affirm and warrant that the aforementioned business entity is enrolled in a federal work authorizalion program operaled by the United States Department of Homeland Security, and the aforem�ntioned business entity shall participatc in said program to verify the employment eligibiliry of newly hired employees workina in connzction with any services contracted by the Missouri Hig}�tivays and 'I'ransportation Commission (MHTC). ] have attachcd documentation to this affidavit to evidence enrollmcnVparticipation by the aforemcntioned 6usiness entity in a federal work authonzation program, as requircd by Section 285.530, RSMo. • I, the Affiant, also hereby affirm and wlrrant that the aforementioned business entity does not and will not knowingly employ, in connection with any services contructed by MH7'C, any alien who does not have the legal right or authorization under federal law to work in the United States, as defined in 8 U.S.C. §] 324a(h)(3). , • I, the Affiant, am aware and recognize that, unless certain contract and affidavit conditions are � satisfied pursuant to Section 285.530, RSMo, the aforementioned business entity may 6c held ]iable under Sections 255.525 though 285.550, RSMq for subcontractors tha[ knowingly employ or continue to employ any unaulhorized ' alien to work within the state ofMissouri. • 1, the Affiant, acknowledge that 1 am signing this affi avit as a free ac and deed of the �" aforementioned business entity and not under duress. 1 Affian ignature Subscribed and sworn to before me in _ -� ,�� the day and year �rst above- LVTittOP.. city (or county) stale No ry Publi My commission expires: �/ I l�� ; (doctunenlntimr of enrolbrtenUparlicipaliwr in a federa! work ar�tlroritntion program ntracked/ J:Iwoodsdll�,vordlR RIC ON T RACTSIBNSFIRfeAB - CapeGirardeauCounty-JobJOS0860.10'12'10^.doc ` :�p,RYP(j�•, MANDYSHELTON " ,=o.•""•�.G�,. MyCommissionEzpires _ � ; NOTARY •. . _ ��ember 1, 2014 B'� ;9•.,SEAL.' ' GieenaCouni7 '�OFt�h�� Commissionqt;,5"'' n������` Missouri M � OT 105 West Capitol Avenue Department ��. P.° e°X 2,° JeHerson City, MO 65102 of Transportation (573) 751-2551 Fax (573) 759-6555 Kevin Keith, Director _ -2 �'m°d°t.org February 23 2011 D FEB 2 8 2011 Mr. David Blackburn City Administrator g ------� City of Riverside 295 NW Vivion Rd Riverside, MO 64150 Dear Mr. Blackburn: Please find enclosed for your record copies of the fully executed supplemental agreement and Missouri Highways and Transportation Commission Administrative Order in Case No. URo l0- 6. "This is our project regarding the BNSF Railway Company crossing with Mattox Road (DOT# 079 383B) in Riverside, Platte County, Missouri. The Administrative Ordcr became effective on February 23, 2011 and the project must be completed by the BNSF Railway Company by July l, 2011; the City's portion of the work must be completed by July 15, 2011. If you have any questions or if we can be of assistance, please contact me at (573) 751-5969 or Rod Massman at (573) 751-7476. Sincerely, �� [ Jack Wright � Rail Safety Specialist Enclosures Cc (via email): � Shelley Claypool-ct Terry Cox-rm Mattox Road (DOT# 079 383B) In Riverside, Platte County, MO ; r Our nrission rs !u provlde a xor(d-class Irunsparratrnn erperience tha� delrghus oiv custaners and pramo�es a prosperous d4issoun. :�